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Full text of "North Carolina Register v.6 no. 20 (1/15/1992)"

1<fM/7v3^/. fKzfhi^n/cA -Hl^^kj tu. L. 



The 
NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 



EXECUTIVE ORDER 



FINAL DECISION LETTERS 



51 



CONs 

TlTUl 

tionI 



PROPOSED RULES 



Environment, Health, and Natural Resources 



Insurance 



Real Estate Commission 



Transportation 
RRC OBJECTIONS 



RECEIVED 

- ■>:■ \-J 1992 
LAW LIBRARY 



RULES INVALIDATED BY JUDICIAL DECISION 



ISSUE DATE: JANUARY 15, 1992 
Volume 6 • Issue 20 • Pages 1504-1562 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published bi-monthly 
and contains information relating to agency, executive, 
legislati\e and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrative rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
will typically comprise approximately fifty pages per 
issue of legal text. 

State law requires that a copy of each issue be pro- 
vided free of charge to each county in the state and to 
various state officials and institutions. The North CaroUna 
Register is available by yearly subscription at a cost of 
one hundred and five dollars ($105.00) for 24 issues. 

Requests for subscriptions to the North CaroUna 
Register should be directed to the Office of Ad- 
ministrative Hearings, P. O. Drawer 27447, Raleigh, N. 
C. 27611-7447, Attn: Subscriptions. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North CaroUna Register. The notice must include the 
time and place of the public hearing; a statement of how 
public comments may be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a reference to the Statutory 
Authority for the action and the proposed effective date. 

The Director of the Office of Administrati\'e Hearings 
has authority to publish a summary, rather than the 
full text, of any amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment will be available for 
public inspection at the Rules Division of the Office of 
Administrative Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute provides otherwise, at least 
30 days must elapse following publication of the pro- 
posal in the North CaroUna Register before the agency 
may conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file any adopted or amended rule for approval by 
the Administrative Rules Review Commission. Upon ap- 
pro\'al of ARRC, the adopted or amended rule must be 
filed with the Office of Administrative Hearings. If it 
differs substantially from the proposed form published 
as part of the public notice, upon request by the agen- 
cy, the adopted \ersion will again be published in the 
North CaroUna Register. 

A rule, or amended rule cannot become effective 
earlier than the first day of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministratixe Hearings for publication in the NCAC. 

Proposed action on rules may be withdrawn by the 
promulgating agency at an>' time before final action is 
taken by the agency. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, 
some agencies may issue temporary rules. A temporary 
rule becomes effective when adopted and remains in 



effect for the period specified in the rule or 180 da 
whichever is less. An agency adopting a temporary r 
must begin normal rule-making procedures on the p 
manent rule at the same time the temporary rule 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC 
a compilation and index of the administrative rules 
25 state agencies and 38 occupational licensing boar 
The NCAC comprises approximately 15,000 letter si 
single spaced pages of material of which approxima 
ly 35% is changed annually. Compilation and publi 
tion of the NCAC is mandated by G.S. 150B-63(b). 

The Code is divided into Titles and Chapters. Ea 
state agency is assigned a separate title which is fi 
ther broken down by chapters. Title 21 is designat 
for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimi 
cost of two dollars and 50 cents ($2.50) for 
pages or less, plus fifteen cents ($0.15) per ea 
additional page. 

(2) The full publication consists of 53 volumt 
totaling in excess of 15,000 pages. It is su 
plemented monthly with replacement pages 
one year subscription to the full publication 
eluding supplements can be purchased f 
seven hundred and fifty dollars ($750.00) 
dividual volumes may also be purchased wi 
supplement service. Renewal subscriptions f 
supplements to the initial publication availabl 

Requests for pages of rules or volumes of the NCA 
should be directed to the Office of Administrati 
Hearings. 

NOTE 

The foregoing is a generalized statement of the pr 
cedures to be followed. For specific statutory languag 
it is suggested that Articles 2 and 5 of Chapter 150B 
the General Statutes be examined carefully. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North CaroUna Register is cited by volume, issu 
page number and date. 1:1 NCR 101-201, April 1, 198 

refers to Volume 1, Issue 1, pages 101 through 201 
the North CaroUna Register issued on April 1, 1986 



I 









i 



North Carolina Register. Published bi-monthly by the 
Office of Administrative Hearings, P.O. Drawer 27447, 
Raleigh, North Carolina 27611-7447, pursuant to 
Chapter 150B of the General Statutes. Subscriptions 
one hundred and five dollars ($105.00) per year 

North Carolina Administrative Code. Published in 
looseleaf notebooks with supplement sendee by the 
Office of Administrative Hearings, P.O. Drawer 27447, 
Raleigh, North Carolina 27611-7447, pursuant to 
Chapter 150B of the General Satutes. Subscriptions 
seven hundred and fifty dollars ($750.00). Individual 
volumes available. 



NORTH 
CAROLINA 
REGISTER 



ISSUE CONTENTS 




Office of Administrative Hearings 

P. (). Drawer 27447 

Raleii;h, AC 27611-7447 

(919) 733- 267S 



Julian Mann III, 

Director 
James R. Scarcclla Sr., 

Deputy Director 
Molly \lasich. 

Director APA Services 



I. EXECUTH E ORDER 

Executive Order 158 1504 

n. FESAL DECLSION LETl ERS 

Voting Rights Act 1505 

III. PROPOSED RITES 

Environment, Health, and 
Natural Resources 

Departmental Rules 1513 

Environmental Management .... 1 520 

Wildlife Resources 

Commission 1542 

Insurance 

Property and Casualty 

Division 1509 

Licensing Board 

Real I' state Commission 1546 

Transportation 

Motor Vehicles, Di\ision of 1545 

IV. RRC OBJECTIONS 1550 

V. Rl EES ESVAIIDATED BY 

JUDICIAL DEC ISION 1557 

VI. CUAIULATIVE INDEX 1559 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial A ssisiant 
Jean Shrrley, 

Editorial Assistant 



NORTH CAROLINA REGISTER 

Publication Schedule 

(October 1991 - December 1992) 



Issue 


Last Day 


I ast Dav 


Earliest 


Earliest 


Last Day 


+ 


Date 


for 


for 


Date for 


Date for 


to 


Earliest 




Filing 


Electronic 


Public 


Adoption 


Submit 


Effective 






Filing 


I learing 


by 

Agency 


to 
RRC 


Date 



++++*+++++++*++*++*+++++*+**+*++++++++++*++++++++++++++++++++*+++++ 



10 15/91 


09 24/91 


10 01 91 


10 30,91 


11 1491 


11/20/91 


01 02/92 


11 01/91 


10/11/91 


10 1891 


11/16/91 


12,01/91 


12,20/91 


02 03/92 


1115/91 


10 '24/91 


103191 


11 '30/91 


12/15 91 


12 20/91 


02/03/92 


12 02/91 


11 07/91 


11/14 91 


12^7/91 


01,01 92 


0120/92 


0302/92 


12 16 91 


11 21 91 


12 02 91 


12 31 91 


01 15 92 


01 20/92 


03 02 92 


01 02,92 


12 09 91 


12 16 91 


01 17,92 


02,01 92 


02 20/92 


04 01/92 


or 15 92 


12 20 91 


12 31 91 


01/30/92 


02 14 92 


02 20/92 


04/01/92 


02 03 92 


01; 10/92 


01 17 92 


02, 18,92 


03 04 92 


03 20 92 


05 01/92 


02' 14,92 


01/24 92 


01/31/92 


02/29/92 


03/15 92 


03 20/92 


05 01/92 


03 02 92 


02 10/92 


02 17 92 


03 17/92 


04 1 92 


04 20/92 


06 01/92 


03 16 92 


02 2492 


03 02 92 


0331/92 


04 15 92 


04 20 92 


06 01-92 


04 01/92 


03,11/92 


03 18/92 


04/16,92 


05,01 92 


05 20 92 


07 01, 92 


04 15 92 


03 25 92 


04 01 92 


04 30 92 


05, 15 92 


05 20,-92 


07 01/92 


05 01 92 


04 10 92 


04 17 92 


05 16 92 


05 31 92 


06 20/92 


08 03/92 


05 15;92 


04/24/92 


05 01 92 


05 30/92 


06 14 92 


06 20 92 


08 03/92 


06 01/92 


05' 11 92 


05 18 92 


06 16-92 


07,01 92 


07 20 92 


09 01 '92 


06 15/92 


05/25 '92 


06 01 92 


06 30,92 


07 15 92 


07 20 92 


09 01/92 


07 01,92 


06 10 92 


06 17 92 


07 16 92 


07/31,92 


08 20 92 


10 01/92 


07'15 92 


06 24 92 


07 01 92 


07 30 92 


08 14 92 


08 20 92 


10 01 92 


08 03 92 


07 13 92 


07 20 92 


08 18 92 


09 02 92 


09 20 92 


11 02 92 


OS 14 92 


07 24 92 


07 31 92 


08 29 92 


09 13 92 


09 20 92 


1 1 02 92 


OQ 01 92 


08' 11/92 


OS 18 92 


09 16,92 


10 01 92 


10 20 92 


12 01 92 


09 15 92 


08/25/92 


09 01 92 


09,30 92 


10,15 92 


10,20 92 


12 01/92 


10 01,92 


09 10 92 


09 17 92 


10 1692 


10/31 92 


11,20 92 


01 04 93 


10 15 92 


09 24 92 


10 01 92 


10 30 92 


1114 92 


1120 92 


01 04 93 


1102 92 


10 12 92 


10 19 92 


11 17 92 


12 02 ^2 


12 20 92 


02 01 93 


11 16 92 


10 23 92 


10 30 92 


12 01 92 


12 16 92 


12 20,92 


02 01 93 


12 01 92 


11 06 92 


11 13 92 


12 16 92 


12 31 92 


01 20 93 


03 01 93 


12 15 92 


11/24/92 


12 01 92 


12 30, 92 


01 14 93 


01 20,93 


03 01 93 



* The "Earliest Effective Date" is computed assuming tliat the agency follows 
the publication schedule above, that the Rules Rc^•ic^\• Commission approves the 
rule at the next calendar month meeting after submission, and that RRC delh'ers 
the rule to the Codifier of Rules five (5) business days befi>re the I si business 
day of the next calendar month. 



EXECUTIVE ORDER 



EXECLTIVE ORDER MMHER 158 

REPLBLISIIING AM) AMENDING 

EXECUTIVE ORDER NO. \M 



Section 



Executive Order No. 137, as 



amended by F^xccutive Order No. 138, is repub- 
lished and further amended, as follows: 

1. The words, "and the Consolidated Judicial 
Retirement System," shall be inserted fol- 
lowing the words, "Teachers' and State 
Employees Retirement System," wherever 
the latter shall appear, e.\ccpt m Section 2. 

2. In Section 2, the words, "4.49 % of the 
compensation paid by the State to the Con- 
solidated Judicial Retirement System," shall 
be inserted following the words, "Teachers' 
and State Fmployecs' Retirement System." 

3. The word "two" shall be inserted before the 
word "System" in the fourth line of the third 
paragraph and the word "System" shall be 
made plural. 

4. Section 3: 

(a) shaU be renumbered "Section 4;" and 



(b) shall have a period put following the word 
"rescinded;" and 

(c) the rest of the section shall be deleted. 

5. A new "Section 3" shall be inserted follow- 
ing "Section 2" and before the new "Section 
4," as follows: 

"Section 3^ To the extent necessary after 
June 30, 1991, the Office of State Budget 
and Management may make corrections 
to State contributions withheld in order 
to accurately account for funds mimaged 
in Section 2, hereof." 



Section 2: 



Executive Order No. 137, as 



amended by Executive Order No. 138, and as 
amended here, is repubhshed in its entirety. 

Section 3^ This Executive Order is effective 
immediately. 

Done in Raleigh, North Carolina, this 17th day 
of December, 1991. 



6:20 NORTH CAROLINA REGISTER .laniuiry 15, 1992 



1504 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



[G.S. 1 20- 30.9 H , effeclhe July 16. 1986. requires that all letters and other documents issued bv the 
Attorney General of the United States in which a final decision is made concerning a "change af- 
fecting voting" under Section 5 of the Voting Rights Act of 1965 be published in the \orth Carolina 
Register. / 



U.S. Department of Justice 
Civil Rights Division 

JRD:LLT:TCR:tlb 

DJ 166-012-3 Voting Section 

91-3S72 P.O. Box 66128 

Washington, DC. 20035-6128 

December 11), IQQl 

Jesse L. Warren, Fsq. 

Citv Attorney 

P. b. Box 3136 

Greensboro, North Carolina 27402-3136 

Dear Mr. Warren: 

This refers to an annexation (Ordinance No. 91-124| and the designation of the annexed area to 
an election district for the City of Greensboro in Guilford C^ounty, North Carolina, submitted to the 
Attome\ (jeneral pursuant to Section 5 of the Voting Rights Act of 1965, as amended, 42 L'.S.C. 
19^3c. We received your submission on October 16, 1991. 

J'he Attorney General does not interpose any objection to the specified change. However, we note 
that Section 5 expressl\" provides that the failure of the Attorney General to object does not bar sub- 
sequent litigation to enjoin the enforcement of the chanae. See the Procedures for the Administration 
of Section 5 (28 C.F.R. 51.41). 

Sincerelv, 



John R. Dunne 

Assistant Attomey General 

CivU Rishts Division 



By: 



Gerald W. Jones 
Chief ^'otiniZ Section 



7505 6:20 NORTH CAROLINA REGISTER Jaiuuuv 15, 1992 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



U.S. Department of .Justice 
Civil Rights Division 

JRD:SSC:TGL:ginh 

DJ 166-012-3 Votine Section 

91-3962 P.O. Box 66128 

Washineton, D.C. 20035-6128 



December 23, 1991 



Robert C. Cogswell, Jr., Fsq. 

Cit.y Attorney 

P. O. Box 1513 

Fayetteville, North CaroHna 28302-1513 

Dear Mr. Cogswell: 

Ihis refers to the 1991 redistricting plan for the City of Fayetteville in Cumberland County, North 
Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, 
as amended, 42 L.S.C. 1973c. We received your submission on October 23, 1991. 

The Attome\' General does not interpose any objection to the specified change. However, we note 
that Section 5 expressly pro\ides that the failure of the Attorney General to object does not bar sub- 
sequent litigation to enjoin the enforcement of the change. See the Procedures for the Administration 
of Section 5 (28 C.F.R. 51.41). 

Sincerely, 

John R. Dunne 

Assistant Attorney General 

Civil Ritihts Division 



By: 



Gerald W. Jones 
Chief, Voting Section 



6:20 NORTH CAROLINA REGISTER .himuinl.\ 1992 1506 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



U.S. Department of Justice 
Civil Rights Division 



JRD:RBJ:NT:tlb:gmh 

DJ 166-012-3 Votina Section 

91-4016 P.O. Box 66128 

Washinaton, D.C. 20035-6128 



December 24. 1991 



DeWitt V. McCarley, Esq. 

Citv .Attomev 

P. b. Bo.\ 7207 

GreenviUe, North Carolma 27835-7207 



Dear .Mr. McCarlev: 



This refers to the redistncting of the municipal election districts and the increase in the number 
of councilmembers from four to six for the City of Green\ille in Pitt County, North Carolina, sub- 
mitted to the Attorney General pursuant to Section 5 of the \'oting Rights Act of 1965, as amended, 
42 L'.S.C. 1973c. We recei\ed _\"our submission on October 28, 1991. 

The .Attome_\' General does not interpose any objection to the specified changes. However, we 
note that Section 5 expressly pro\ ides that the failure of the Attorney General to object does not bar 
subsequent htiaation to enjoin the enforcement of the chances. See the Procedures for the Adminis- 
tration of Section 5 (28 C.P.R. 51.41 1. 

Sincerelv, 



John R. Dunne 

Assistant .Attorney General 

Ci\i] Riahts I>i\ision 



By: 



Gerald W. Jones 
Chief, \'otin2 Section 



1507 6:20 NORTH CAROLINA REGISTER Janiuirv 15, 1992 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



U.S. Department of Justice 
Civil Rights Division 

JRD:MAP:TGl,:tlb:gmh 

DJ 166-012-3 Voting Section 

91-4125 P.O. Box 66128 

Washington, D.C. 20035-6128 

December 27, 1991 

Robert C. Cogswell, Jr., Esq. 

City Attorney 

P. O. Box 1513 

FayetteviUe, North Carolina 28302-1513 

Dear .Mr. CogsweU: 

This refers to nine annexations (Ordinance Nos. 91-4-339, 91-5-340, 91-5-341, 91-5-342, 91-5-343, 
91-6-344, 91-6-345, 91-6-346, and 91-7-347) and the designation of the annexed areas to single-member 
districts for the City of FayetteviUe in Cumberland County, North Carolina, submitted to the Attorney 
General pursuant to Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973c. We 
received your submission on November 4, 1991. 

The Attorney General does not interpose any objection to the specified changes. However, we 
note that Section 5 expressly pro\ ides that the failure of the Attorney General to object does not bar 
subsequent litigation to enjoin the enforcement of the changes. See the Procedures for the Adminis- 
tration of Section 5 (28 CF.R. 51.41). 

Sincerely, 



John R. Dunne 

Assistant Attorney General 

Ci\il Rights Division 



By: 



Gerald W. Jones 
Chief, Votina Section 



6:20 NORTH CAROLINA REGISTER .hmiian L\ 1992 150S 



PROPOSED RULES 



TITLE J I - DEPARTMENT OF 
INSURANCE 



No 



oticc is hereby ghen in accordance with G.S. 
150B-2I .2 that the N.C. Department of Insurance 
intends to amend rule(s) cited as 1 1 \CAC JO 
.1102, .1107, .1604: adopt ndeisl cited as II 
NCAC 10 .0105; and repeal ndcis) cited as II 
NCAC 10 .0402 - .0403, .0704 - .0707, .0715 - 
.0716. 

1 he proposed effective date of this action is .ipril 
1. 1992. 



Th 



he public hearing will be conducted at 10:00 
a.m. on Febniaiy II, 1992 at the 3rd Floor 
Hearing Room. Dobbs Building, 430 A . Salisbury 
Street. Raleigh. \.C. 2^611. 

IXeason for Proposed .Action: To conform with 
legislation enacted during the 1991 General As- 
sembly. 



Co 



omment Procedures: Written comments may 
be sent to Charles Swindell, P.O. Box 26387, 
Raleigh, N.C. 2761 1. Oral presentations may be 
made at the public hearing. .Anyone having 
questions should call Charles Swindell at (919) 
733-3368, or Ellen Sprenkel at (919) 733-4529. 

CHAPTER 10 - PROPERTY AND CASL ALTY 
DIMSION 

SKCI ION .0100 - GENERAL PKOMSIONS 

.0105 MAM SC RIPI OR 1NDI\ im AI. RISK 
MLINGS 

(a) Within 60 Javs after the inception date of 
a manuscript or indnidual risk policw the insurer 
must submit to the [department of Insurance. 
PropertN' and Casuahv Divisiorr 

( 1 ) A fuU and complete cop\ of the poHcv. 
An\ form or endorsement not pre\i(uisly 
filed with the Department and appro\ed 
for use must be specificalK identified. 

(2) A statement describing how the rates were 
calculated. 

(3) A certification that the rates are not ex- 
cessive, uiadcquatc. nor unfairh' 
discriminators . 



(4) A statement explaining \\h\ a manuscript 
or indnidual nsk filing was needed. 

(5) The appropnate filing fee. 

(b) The (Commissioner ma\' require such other 
information as he deems to be necessar\ for a 
re\'iew of filings made under this Rule. 



(c) All filings made under this Rule must be 
rcfiled whenever a change occurs in or to the 
policy or upon the expiration date of the policy, 
\vhiche\er occurs first. Continuous policies are 
not permitted. 

Statutoiy .'luthoritv 
58-41-50: 58-43-5. 



G.S. 58-2-40; 58-6-5; 



SECTION .0400 - FIRE AND CASLALTY 
RATING ORGANIZATIONS 

.0402 RATE BLREAL: ESSENTIAL 
COVERAGES 

Lvc'P i im . urLT lic e nced fof th# cc j. L ' ntial i 
shall bt» a member ef t+H* North Carolina R.ato 
Bureau. Irirjential Govoraae ' j include, hv^ m^ fte4- 
limited ter 
trh ' i vorkerL i ' componcation, 
{^ piT i al e pai . Lionger automobil e (non fleet) ti- 

ability incurance. 
(4^ pn' i ate puL i cengor automobil e (non fleet) 

theft ttft4 physical damag e insurance, 
f-H fanno' i ' i nor f ' in i' iirance (rei i idential Feai 

property im4 content; . ). 
(4f hQmeo' i ' i ner' ' - i inL i uronco. 
(^ dwelling aft4 content i r . ffte4- mor e than feaf 

hou '. ing uniti i ) mouranco. 
f^ mobile homeo' i ' . ner c insurance. 

Statutory .Authority G.S. 58-9; 58-124.17. 

.0403 R.VTING ORGANIZATIONS: 

NON-ESSENTIAL CO\ ER.VGES 

¥-&f ratef . a«4 policy fonn - ; . fof other than thooo 
coverage ' : , ' . . tated m Rule .( 1 102 »f t4**^ Section, aft 
admitted ui ' jurer lihall i . ub '. cribe k+ t*f tn* » mem 
bef t4 *«¥ rate malang orgcmiitation licenced » 
North Carolina » accordance ' ■ ' ■ 'ith 4-{- NCiVC -kO 
■ OMOO e* rt- chall nuik e filingr . »» rt-- own behalf 
directl' i V . ith t4+e conimicioner. 



Statutoiy .Authority G.S. 58-9; 58-54; 58-131.41; 
58-131.56. 

SECTION .0700 - INSURANCE IN LNLICENSED 
FOREIGN AND ALIEN COMP.VNIES 

.0704 FORM SL: REPRESENT A SLRPLLS 
LINES INSl RER 

Form S4^ "iVpplication fo* Licence te- Repre 
Heftt a Suqiluc I inec Incurer". i* cubmitted to A* 
depadment by a priv: . pecli> e agent t++f licenc e te 
procure in cu ranee from non admitted compamoc. 
Informiition to bt* entered t*ft Ai? application 
chall include. b«t- net- be limited tor the ag e nt 'r . 
name *h4 add roc . , a ctcitement certifying bi« 
North Carolina cilb'eii '. hip. a«4 te credentialc 



fof the r e c|uir e d bcmd. 



1509 



6:20 NORTH CAROLINA REGISTER January 15, 1992 



PROPOSED RULES 



Statutory Authority G.S. 58-433. 

.0705 FORM SL-I: I.ICKNSE RENEWAL 
AF'PL./LICENSE REPKSNT/ 
SLRPLLS LINES CO. 

Linos Company" (SI, 1) is providoiJ te aganto 
pursuant to Qr^ 5S 133 stating tfe« r e quir e ments 
fop ronowing ti*e liconso. ¥be notarized form 

■-■ Vi ■ 1 1 1 1 «-» . ■! 1 1 . 1 /^ T-\l I f 1 1- rt ^-ti I « «-n « f I1.-I i ft Q^iQT^l ■ I .-1 . 1 >-nf f- 
Jl iU.iJ. U H^ 1 LH_1 L,' , l.' U I rTT I TTTT rTTTTTT^TTT I \.l , I ILl 1 1 IVJ , CTTTTTT^T^TzT 

a ro' . iow &f the roquiromonts fof procuring insur 
anc e from iiurplus lin e s insurers, aft4 tbe signa 
tefe &f t4w applicant. 

Statutory Authority G.S. 58-433; 58-480. 

.0706 FORM B: BOND 

44*e bond required by G.fi. 58 ' 133 shall b« a 
surety bond m a surety company licensed m tfeis 



state with tfee commissioner as obligee. 
Statutory Authority G.S. 58-433. 

.0707 AGENTS LICENSE FORM 

The agents license fonn is used to- certify that- 
aft agent has been 4t4¥ authoriz e d by the com 
missioner to procur e insuranc e from a company 
ftot licensed ift this stale. The infoimation fe- 
quired en* the fonn shall include, h«+t Ret he \m- 
ite4 te7 the name ef the agent, the authonzation 
given, aft4 signature »( the commissioner. 

Statutory Authority G.S. 58-53. J through 58-53.3. 

.0715 AD.U STMENT OF LOSSES FOR 
LNALIIIORI/EI) COMPANY 

it shaU he the policy »f this department that it 
is the r e sponsibility (4 each adjuster t& detemiin e 
that the insuranc e company is licensed ift this 
state OF that the policy w: policies have been a«- 
thoHi'ed pursuant te G.S. 5S ' 127 befor e pro 
ceeding eft the adjustment of a lossr 

Statutorj- Authority G.S. 58-5/. 

.0716 FORM SL-3: CORPOR.\TE LICENSE 
APPl.lC.VnON 

A corporation shall apply u '. ing SI 3 . 'Corpo 
f=ate Surplus I ines jVpplication" to apply fof a 
Co quorate Surplus I. ines I icenso pursuant to 
G.S. 5S 133. The fonn shall include, httt is not 
hmited tOr name, address, aft4 other identifying 
infonnation &f the corponition as vh4I as infor 

t-f\ ■ • t 1 . ~i r-t ■ I l-H M it .~ It ■ . T-. ill I ^ I , 1 . ir-,- ■-» T-1 /-I 1 n ."1 1 1 ■■ i"! 1 1 "-I 1 f- 1 t i-T-1 1 1 » ■-- 

IIlllllT'II CTTTT^Tt ^11 llll \^ 1 H ' H_H- I J CTTTTT iTTTTmTiTTtTT ^'\l I I ' I LI _' 

linos licensees who wiU he acting t»ft behalf of the 
coiyorato licensee. The form is executed hy two 
Of mor e cor}-" orate officers oo behalf »f the eoi^ 
poration a»4 the coiporate seai affixed thereto. 



Statutory Authority G.S. 58-433. 

SECTION .1 100 - R.VTE FILINGS 

.1102 APPLICABILITY 

The foUowings Subparagraphs indicate which 
Rules of this Section apply to a particular filing. 
Note that all rate filings must be submitted sep- 
arately and under independent cover from fonn 
fiUngs. 

(1) .Rule .1 103 apphes to all workers' compen- 
sation Insurance rate filings made by the 
North Carolina Rate Bureau. 

(2) Rule .1104 apphes to all nonfleet private 
passenger automobile insurance rate fdings 
made by the North Carolina Rate Bureau 
or the North Carolina Reinsurance Facility. 

(3) Rule .1105 apphes to all rate fdings made 
by the North Carolina Rate Bureau other 
than those Ln\olving workers' compensation 
insurance or nonfleet private passenger au- 
tomobile insurance. 

(4) Rule .1106 apphes to all filings for devi- 
ations from the rates of the North Carolina 
Rate Bureau. 

(5) Rule .1107 apphes to aO rate filings (in- 
cluding those filings derived from fdings of 
hccnsed rating organizations), other than 
those involving: 

(a) Lines of insurance under the jurisdiction 
of the North Carolina Rate Bureau. 

(b) Nonfleet private passenger automobile in- 
surance rates for the North Carolina Re- 
insurance Facdity. 

(6) Rule .1108 apphes to all rate fihngs de- 
scribed in Subparagiaph (5) of this Rule that 
meet either or both of the following criteria: 

(a) A tilmg for a coverage that involves an 
increase in one year greater than ten per- 
cent or a decrease greater than 20 percent. 

(b) A filing for a coverage by a company 
whose market share is greater than ten 
percent. 

(7) In Subparagraph (6) coverage shall mean 
one of the foUowina: 



(a) 
(b) 

(c) 



(d) 
(e) 
(f) 
(g) 
(h) 



Accountants professional liabihty; 
Architects and engineers professional li- 
abilitv'; 

Child care liabihty (other than such cov- 
erage sold incidental to another coverage, 
e.g., in homeowners or commercial 
multiperil policies); 
Dentists professional hability: 
Directors, officers and trustees habdity; 
Frrors and oiTussions hability; 
Hospital premises hability; 
Hospital professional habihty; 



6:20 NORTH CAROLINA REGISTER Janiniry 15, 1992 



1510 



PROPOSED RULES 



(i) I a\\"\"ers professional liability; 

(j) I iquor law liability; 

(k) Municipal liability; 

(1) Nurses professional liability : 

(m) Owners, landlords and tenants liability; 

(ni Physicians and surgeons professional li- 
ability; 

(oi Police professional liabilit\": 

(p) Pollution and en\ironmental impairment 
liability; 

(q) Products and completed operations liabil- 
ity; 

(r) Public official liability: 

(s) Public school liability: 

(t) Recreational liability; 

(u) Other healthcare specialities professional 
liability: 

(\l If not one of Subparagraphs (61(a) through 
(6j(u| of this Rule, one of the lines listed 
on Page 14 of the Annual Statement. 

(8) Rule .1109 applies to all licensed rating 
organizations participating in a tiling made 
by the North Oarolma Rate Bureau or the 
North Carolina Reinsurance lacilitN . 

(9) Rate filings are not required for the fol- 
lowing hnes of insurance: 

(a) .VNiation ph\sical damage; 
(-b4 I'idclity a«4 ■■ urL ' ty: 

(b) (-e+ Mortgage guaranty": 
(c| (-4+ Ocean manne. 

(10) Rate fdings are not required for the fol- 
lowing types of policies: 

(a) Those written pursuant to the Surplus 
Lines Act: 

(b) Those wntten under the Fair .Access to 
Insurance Requu"ements (I .AIR) Plan; 

(c) Those written by the North Carolina In- 
surance L'ndcnvriting .Association (the 
Reach Plan) that include co\erages other 
than only windstorm and hail: 

[A] Those written m North Carolina covering 
multistate insureds except in respect to 
co\'erages applicable to North Carolina 
locations: 

(e) Those written b\ a town or county fanners 

mutual fire insurance association restrict- 
ing its operations to not more than si.\ 
adjacent counties in this State: 

(f) Those that contain assessment provisions 
and that are written by domestic insurance 
companies, associations, orders or frater- 
nal benefit societies that are not recipro- 
cals. 

(Ill .All inland marine manual rates and rating 
plans must be filed, 
(a) This Subparagraph appUes to the manual 
rates and rating plans of both companies 
and ratino oraanizations. 



(b) Rates and rating plans that are not con- 
tained in or derived from a manual need 
not be filed. 

(12) Rate filings are required for all rates 
whether ad\ isory. suggested, or manual, ex- 
cept for those Unes. policies, and rates spe- 
cifically excluded in Subparagraphs (9), (10), 
and (11) of this Rule. 

(a) Rates applicable to only one particular risk 
must be filed. 

(b) Rates may be filed either as manual rates 
or as ranges of rates from which the rates 
for individual insureds are determined. 

(c) Rates based on loss cost filings must he 
filed in accordance with all the require- 
ments of Rules . 1 107 and . I lOS including 
the one that requires a companson of 
current and proposed rates. 

(13) Rules .1 107 and .1 108 also apply to loss 
cost filings. In cases where a rating organ- 
ization tiles prospective loss costs, the same 
requirements as for rate tilings apph", with 
the exception of those dealing with expense 
and profit provisions. 

(14) The rates contained in all fdings approved 
poor to January 1. 1990. other than those 
made by the North CaroUna Rate Bureau 
or the North Carolina Reinsurance facility, 
shall have an expiration date of January 1, 
1992. Such rates may, subject to the De-, 
partment's approval, be automatically re- 
newed by a letter to the Department, 
specifying the Department s fdc number and 
the onginal approval date. I'hereafter, they 
remain in effect until superseded, withdrawn, 
or modilied by a subsequent filing. 

StatutoiT Authoriiv G.S. 5S-2-40: 5S-36-/5; 
5^-36-30: 5S-40-30': 58-40-40: 58-41-50. 

.1107 COMMtRCI.VL LINtS QL ES IIONN.MKE 

The information required by G.S. 58-41-50 for 

those lines of business described in 11 NC.AC 10 

.1102 (5) shall be submitted by the completion 

of a Rate loss Cost filing Questionnaire and the 

neccssar.' supplementary exhibits to which the 

questionnaire refers. 

(1) The Rate loss Cost Filing Questionnaire 

' . . hull may, in the Commissioner s discretion, 

contain the following information: 

(a) Name of companv Licensed ratmg organ- 
ization; 

(b) Filer's Federal Fmplover's number: 

(c) Filer s file number: 

( d ) Type of fding: 

(e) Line(s) of insurance, as shown on Page 14 
of the Annual Statement; 

(f) Subline Pro-am title; 



1511 



6:20 SORTH CAROLISA REGISTER Jamuiry I.\ 1992 



PROPOSED RULES 



(g) Type of policies involved; 

(h) Reasons for the filing; 

(i) Proposed effective date and rules of im- 
plementation; 

(j) Filer's approximate market share of North 
Carolina written premium for the line(s) 
involved; 

(k) Percentage rate change proposed; 

(1) Estimated total dollar impact of the filing 
upon North Carolina policyholders; 

(m) \Vhether the filing will increase the pre- 
mium of any North Carolina 
pohcyholder; 

(n) Type of premium data included; 

(o) Exposure unit used; 

(p) Type of loss data included; 

(q) Permissible loss ratio, permissible loss and 
LAE ratio, or permissible loss, LAE, and 
fixed expense ratio; 

(r) Whether any expenses are treated as fixed; 

(s) Credibility information; 

(t) Loss development information; 

(u) Trend information; 

(v) Underwriting profit information; 

(vv) Changes in methodologies; 

(x) Certification of accuracy. 

(2) Also submit supplementary' exhibits con- 
taining the following information: 

(a) The effect of the proposed filing on active 
filings affecting the line or subline; 

(b) A comparison of current and proposed 
rates; 

(c) Five-year rate fihng histor.'; 

(d) Premium and loss data (North Carolina 
and countrywide); 

(e) Expense data (North Carolina and 
country^vide); 

(3) In filings derived from a rate filing made by 
a licensed rating organization and in filings 
that incorporate without modification loss 
costs that have been filed by a licensed rating 
organization, substitute a supplementary ex- 
hibit for the items in the questionnaire con- 
taining the information described in 
Subparagraphs (l)(n) through (l)(v) of this 
Rule. 

(a) For both these types of filings, this exhibit 
shall contain the following infonnation: 

(i) The name of the licensed rating organ- 
ization; 

(ii) The relationship of the company to the 
licensed rating organization; 

(iii) The applicable licensed rating organ- 
ization filing; 

(iv) The type of licensed rating organization 
fiUng; 

(v) Eligibility requirements and restrictions 
applicable to the company's filing. 



(b) In cases where the licensed rating organ- 
ization files final rates, this exhibit shall 
also identify the basis for the differences 
between the company's proposed rates 
and those filed by the rating organization. 

(c) In cases where the licensed rating organ- 
ization files loss costs, this exhibit shall 
also contain the foUowing information: 

(i) Permissible loss ratio, permissible loss 
and LAE ratio, or permissible loss, LAE, 
and fixed expense ratio; 

(ii) Whether any expenses are treated as 
fixed; 

(iii) An explanation of the derivation of the 
expense provisions and of their incorpo- 
ration into the fmal rates; 

(iv) Underwriting profit information. 

(4) For loss cost fihngs made by Uccnsed rating 
organizations, the following modifications 
apply to the requirements in this Rule: 

(a) Substitute percentage loss cost change 
proposed in Subparagraph (I)(k). 

(b) Omit the information described in Sub- 
paragraphs (l)(j) through (r)(n), (r)(q), 
(l)(r), and (l)(v) and the items in Sub- 
paragraph (l)(u) relating to premium 
trend. 

(c) In the exhibit described in Subparagraph 
(2)(b), compare current and proposed loss 
costs. 

(d) In the exhibit described in Subparagraph 
(2)(c), provide a five-year loss cost filing 
history. 

(e) In the exhibit described in Subparagraph 
(2)(d), omit those items relating to pre- 
mium. 

(f) Omit the exhibit described in Subpara- 
graph (2)(e). 

(5) For installment premium payment plan 
filings, substitute a different questionnaire, 
containing the following information: 

(a) Name of Company/ Licensed rating or- 
ganization; 

(b) Filer's Federal Employer Number; 

(c) Filer's file number; 

(d) Type of fding; 

(e) Line(s) of insurance; 

(f) Reasons for the filing; 

(g) Proposed effective date and rules of im- 
plementation; 

(h) Flier's approximate market share of North 

Carolina written premium for the line(s) 

involved: 
(i) Percentage rate change proposed; 
(j) Estimated total dollar impact of the filing 

upon North Carolina policyholders; 
(k) A comparison of the current and proposed 

installment fees; 



6:20 NORTH CAROLINA REGISTER January 15, 1992 



1512 



PROPOSED RULES 



fl) Filer's distribution of number of policies 
and premium by installment payment 
options: 

fm) Certification of accuracy. 

Siatutoiy Authority G.S. 53- 2-40; 58-41-50. 

SKCTION .1600 - I'ROSPFXTI\ E LOSS COSTS 
Ml INGS 

.1604 SI I'lM KMKMARV R.\TI\G 
IM ORMAIION 

fa) A ratrng organization may submit a proper 
rate filing to the Department containing a re- 
vision of rules, relativities, or other supplemen- 
tary rating information, on behalf of those 
insurers that have authorized the rating organ- 
ization to make such submittal on their behalves. 
A rating organization may print and distribute 
manuals of rules, relativities, and other supple- 
mentars' rating infonnation, excluding minimum 
premiums. 

(b) When an insurer has authorized a rating 
organization to file on its behalf, and a new tiling 
of rules, relativities, and other supplementary" 
rating information is tiled and detennined to be 
proper: 

( 1 ) If the insurer decides to use the revisions 
and effective date as filed, the insurer is 
not required to make a fding with the 
Department. 

(2) If the insurer decides to use the revisions 
as filed but with a different effective date, 
the insurer must notify the Department 
W dav •. before the rating organization's 
effecti\"e date, t+f Ar^ in '. ufLT '. o' . ' . n uffoc 
t-Hrt:» dutij. whicho' i er tk+k* t^ lvitUlt. 

(3) If the insurer decides to use the revisions 
with modifications, the insurer must file 
supporting data for the changes with the 
Department for re\iew and specify the 
basis for the modifications. Tliis must be 
done W4 dav ' ' . before the rating organiza- 
tion s cttecti\"e date. (->+ t+Hc' iiT i uror" '. o' . ' i n 
offL ' cli' i L ' date', ' . vhichi." . er drrtr* t^ oarla - r. 

(4) If the msurer decides not to use the re- 
visions, the insurer must notify the De- 
partment before the ratini; organization's 
effective date. 



lyotice is hereby ghen in accordance with G.S. 
I50B-2I.2 that the Dept. of Errvironment, Health, 
and Natural Resources intends to adopt rule(s) 
cited as I5A SCAC IJ .0905; and amend rule(s) 
cited as 15A XCAC IJ .0102; .0204; .030 1 -.0302, 
.0304; .0401; .0^0l-.0'^03; .0803; .0902-.0904 
and .1002. 

1 he proposed effective date of this action is June 
I, 1992. 

1 he public hearing will be conducted at 2;00 
p.m. on Febnwiry 27. 1992 at the .irchdale Build- 
ing, Ground Floor Hearing Room. 5/2 X. 
Salisbury Street. Raleigh. .\C. 

IXeason for Proposed .let ion; These ndes are 
being amended to implement Senate Bill 344, to 
update the name of a receiving agency, to provide 
clarification of text, and to provide additional 
guidance for project administration. 



Co 



omment Procedures: .Any person or organiza- 
tion desiring to make oral comments at the hear- 
ing should register to do so at the hearing. 
Statements will be limited to 10 minutes, and one 
typewritten copy of any such statement should be 
submitted to the panel conducting the hearing. 
.■Iny additional comments should be foiwardcd to 
the Division of Environmental Management or 
Division of Health Services by .March 4. 1992. 
The addresses are as follows; 

For Wastewater; 

Di\ision of Etnironmental Management 

.-Ittcntion; Cov \L Batten 

P.O. Box 29535 

Raleigh. \.C. 2-^626-0535 

Telephone; (919/ 733-6900 

For ]\ ater Supply; 

Dh'ision of EmJronmental Health 

.Attention; Jcny C. Perkins 

P.O. Box 29536 

Raleigh, \.C. 27626-0536 

Telephone; {919} 733-232/ 



Statuton- Authority G.S. 58-2-40; 58-36-15; 
58-37-35; 58-40-30; 58-40-40; 58-41-50; 
58-45-45; 58-46-55. 

ni IK 15A - DKFAR IMKNT OF 

ENMRONMFM , UFAFTFF AM) 

N.ATURAF RFSOLRCFS 



CHAF'I KK 1 - nKI'ARIMKM AL RLT.ES 

SI BCH \PTFR 1.1 - S lATF. CI RAN WAIKR 
RF.\ OL\ IN(; LOAN AND GRAN F l'RO(.R VM 

SFCIION .0100 - GFNFRAl l'R()\ ISIONS 

.0102 DFFINIIIONS 



/5/5 



6:20 yORTH CAROLL\A RECESTER .laniiaiv 15. 1992 



PROPOSED RULES 



In addition to the definitions in G.S. 159G-3, 
the following definitions will apply to this Sub- 
chapter: 

(1) "Act" means the North Carolina Clean 
Water Revolving loan and Grant Act of 
1987, G.S. 159G. 

(2) "Award" means the offer by the receiving 
agency to enter into a loan or grant com- 
mitment for a specified amount. 

(3) "Award of contract" means the award by 
the loan or grant recipient to a contractor 
of a contract to construct the project as bid. 

(4) "Bid" means the amount of money for 
which a contractor offers to construct the 
project. 

(5) "Contingency costs" means unforeseen 
costs or situations not included in the esti- 
mate of project costs. 

(6) "Commitment" means a binding agree- 
ment to pay loan or grant funds in a lump 
sum or in installments to an eligible appli- 
cant at some future time. 

(7) "Date of completion" means the date on 
which the project has been completed, as 
determined by the receiving agency. 

(8) "Division of En\ ironmcntal .Manage- 
ment" means the Division of Environmental 
Management of the North Carolina Depart- 
ment of Natural Rptiourci i r . aft4 Community 
Dovolopmont. Hn\'ironment. Health, and 
Natural Resources. 

(9) "Effective date of receipt" means Septem- 
ber 30 for applications postmarked or hand 
delivered to the principal offices of the re- 
ceiving agency in Raleigli, North Carolina 
between April 1 and September 30, and 
means March 31 for applications post- 
marked or hand delivered to the principal 
offices of the receiving agency in Raleigli, 
North Carolina between October 1 and 
March 31; except that for applications to the 
Emergency Wastewater or Water Supply 
Revolving Eoan Account it means the date 
designated by the receiving agency for each 
priority review period established under 
Rule .0801(b) of this Subchapter. 

(10) "Eiscal year" means the state fiscal year, 
beginning on July 1 of a calendar year and 
ending on June 30 of the following calendar 
year. In referring to a specific fiscal year, the 
year named is the calendar year in which the 
fiscal year ends. For example, "Fiscal Year 
1988" refers to the fiscal vear beginning July 
1, 1987 and ending June 30, 1988. 

(11) "Inspection" means inspection or in- 
spections of a project to determine percent- 
age completion of the project and 



compliance with applicable federal, state and 
local laws or rules. 

(12) "Orders" means any restrictive measure, 
related to the operation of its wastewater 
treatment facilities, issued to an applicant for 
a loan or grant from the wastewater ac- 
counts under this Subchapter. Such meas- 
ures may be included in, but are not 
restricted to. Special Orders, Special Orders 
by Consent, Judicial Orders, or issued or 
proposed permits, permit modifications or 
certificates. 

(13) "Project" means the works described in 
the application for a loan or grant under this 
Subchapter. 

(14) "Loan" means "revolving loan" as dcfmed 
in G.S. 159G-3(15). 

(15) "Priority period" means priority review 
period as established in Section .0800 of this 
Subchapter. 

( 16) "Public ncces.sity" means that a need exists 
to construct a new wastewater treatment 
works, wastewater collection system or wa- 
ter supply system, or to improve or expand 
existing facihties, in order to: 

(a) promote the public health, safety and 
welfare; 

(b) provide adequate services to a substantial 
portion of the residents within the ser\ice 
area or projected service area of a unit of- 
govemment who are presently without 
such services; or 

(c) alleviate a critical pubhc health hazard or 
critical water pollution problem. 

( 17) "Real property" means land and structures 
affixed to the land having the nature of real 
property or interests in land including case- 
ments or other rights-of-way purchased or 
acquired for water supply and wastewater 
facilities and works to be constructed as a 
part of the project for which a loan or grant 
is made under this Subchapter. 

(18) "Regional water supply system" means a 
public water supply system of a munici- 
pality, county, sanitary district, or other 
political subdivision of the state or combi- 
nation thereof which provides, is intended 
to provide, or is capable of providing an ad- 
equate and safe supply of water to a sub- 
stantial portion of the population within a 
county, or to a substantial water service area 
in a region composed of all or parts of two 
or more counties, or to a metropolitan area 
in two or more counties. 

Statutory Authoriiv G.S. I59G-3: I5QG-I5. 



6:20 NORTH CAROLINA REGISTER Januaiy 15, 1992 



1514 



PROPOSED RULES 



SECTION .0200 - ELIGIBILITY 
RtQLIREMEMS 

.0204 LOANS FROM THE EMERGENCY 
RENOLMNG LOAN ACCOUNTS 

(a) Projects required for repair or replacement 
of existing wastewater treatment or collection fa- 
cilities where failure of such facilities creates or 
will create conditions jeopardizing the classified 
uses of the receiving waters, or resulting in a 
present or imminent serious public health hazard 
as certified by the Environmental Management 
Commission, or projects on moratorium are eli- 
gible for loans from the Emergency Wastewater 
Res'oKing Loan .-Vccount. 

(b) Projects required to remedy a serious public 
health hazard related to the water supply system 
that is present or imminent in a community as 
certified by the Di\ ision of llL ' alth Slt . ic e ;' i Fn- 
\ironmental Health are eligible for loans from the 
limergency \\'ater Supply Re\ohing Loan Ac- 
count. 

(c) Project cost overruns on wastewater treat- 
ment, wastewater collection or water supply 
projects are not eligible for loans from the 
LmergencN' \\'astewater Re\'ol\ ing Loan Account 
or the Emergency Water Supply Revolving Loan 
.■\ccount, unless the original project loan com- 
mitment was from one of those accounts. 



Statuiorv Authority G.S. 
l59G-6ic)i3i: 159G-15. 



I59G-6(bj(3J; 



SECTION .0.^00 - APPLICATIONS 

.0301 APPLICATION FILING DEADLINES 

frt-)- fe Li ' jcal ^"oar l^iSiy, upplicutionL . t» be 
L'on ' jiJorcd tW a loan ef grant ii' . varJ undor Ai* 
Subchaptor from fuiui; . appropncitL'd ft*f I'i '. cal 
^'oaj 19 ' SS I ' hdU be poL . tmarkod e* d e liv e r e d to the 
pnncipal olTicoo ©f the rocoi' i Lng agency i» 
Pkak ' igl'i. North Carolina (+» »f bet'oro March :i4-r 
n ) ' 'i '' ' . v i hich r . hall be (4*e tiling doadlmt* (•&f thrri- 
pnonty r e ' . i e ' t ' i period. 

therL'aftijr. .Applications to be considered for a 
loan or grant award under this Subchapter from 
funds available in the first semi-annual priorit\- 
review period of a fiscal year shall have an effec- 
tive date of receipt of September 30 of that year, 
which shall be the filing deadline for that priority 
review period. Apphcations to be considered for 
a loan or gr;mt award under this Subchapter from 
funds available in the second semi-annual prior- 
ity re\ iew penod of a fiscal year shall have ;m ef- 
fecti\e date of receipt of .March 31 of that year, 
which shall be the filing deadline for that priority 
re\iew period. 



Statutory Authority G.S. I59G-S; I59G-9; 
/59G-/0iai: J59G-/5. 

.0302 GENERAL PROMSIONS 

(a) Applications for loans or grants under this 
Subchapter shall be submitted on the appropriate 
forms and accompanied by all documentation, 
assurances and other information called for in the 
instructions for completing and tiling applica- 
tions. Information concemmg any grant or loan 
funds from any other source that the apphcant 
has applied for or recei\ed for the project shall 
be disclosed on the application. 

(b) An apphcant shall furnish information in 
addition to or supplemental to the information 
contained in its appUcation and supporting doc- 
umentation upon request by the recei\ing 
agency. 

(c) .An apphcant may amend an application 
having an effective date of receipt of the tiling 
deadline for a priority re%iew period to include 
additional data or information in support of its 
original application at any time prior to the date 
the receis'ing agency sets the pnority ratmg for 
that priority review period. 

(d) .Any apphcation that does not contain in- 
formation sufficient to permit the recei\ing 
agency to re\iew and approve the project by the 
date the recei\'ing agency sets the priont\" rating 
for a priority review period shall not be included 
in the priority rating for that priority review pe- 
nod. 

(e) .An appUcation shall be tiled with the re- 
ceiving agencN before the award of contract on a 
project, o.xcopt thrri- applicant ' ." , ha' i uig awarded 
a contract e«- a proj e ct t*ft fkf aft e r j\uguot 4-^ 
l^ i ^M may file aft application at- aft^ time eft ef 
beloro March d^ 1 'iS 8 . The award of contract 
on a project prior to consideration of the appli- 
cation for a loan or grant award will neither ex- 
clude the appUcation from consideration nor 
guarantee the award of a loan or grant for the 
project. 

(f) .An appUcation may be withdrawn from 
consideration upon request of the appUcant but 
if resubmitted shall be considered as a new ap- 
pUcation. 

(g) .Applications to the General Wastewater 
Revohmg Loan and Grant .Account shall tirst 
be considered for funding from the ^^'ater Pol- 
lution Control Re\'ohing Fund estabUshed by 
G.S. 159G-5(c). If the appUcation does not re- 
cei\-e fuU funding from that Fund, it shall be 
considered for funding from the General 
Wastewater Re\oh ing Loan and Grant .Account. 

Statuton Authority G.S. I59G-S; I59G-9: 
J59G-/0iai: I59G-I5. 



1 5 15 



6:20 yORTH CAROLIN.A REGISTER Janiiarv 15, 1992 



PROPOSED RULES 



.0304 APPLICATIONS FOR EMtKGENCY 
LOANS 

(a) Applications for loans from the limergency 
Wastewater Revolving Loan Account shall be 
submitted to the Disision of Environmental 
Management. The application will be processed 
and considered for approval by the Environ- 
mental Management Commission during the ap- 
propriate priority review period as established 
under Rule .0801(b) of this Subchapter. 

(b) Applications for loans from the Emergency 
Water Supply Revolving Loan Account shall be 
submitted to the Division of H e alth Soniooc. 
Environmental Health. The application will be 
processed and considered for approval by the 
Division of I luulth ScP i 'lc e s Environmental 
Health during the appropriate priority review 
period as estabhshcd under Rule .0801(b) of this 
Subchapter. 

(c) AppUcations for emergency loans shall 
conform with this Subchapter, except that Rules 
.0301 and .0303(a) shaU not apply. 



Statutory A uthority 
l59G-6(c)(3): 1500-15. 



G.S. l59G-6(b)(3): 



SECTION .0400 - CRITERIA FOR EVALUATION 
OF ELIGIBLE APPLICATIONS 

.0401 GENERAL CRITERIA 

(a) During the review periods set forth in Sec- 
tion .0800 of this Subchapter all ehgible applica- 
tions shall be assigned a priority for loan or grant 
funds. Priorities shall be assigned by the Envi- 
ronmental Management Commission for apph- 
cations for project loans or grants for wastewater 
treatment works and wastewater collection sys- 
tems and by the Division of HL'alth Scjp i ic e s En- 
vironmental Health for apphcations for project 
loans or grants for water supply systems. 



(b) In determining the priority to be assigned 
each eligible apphcation, the Environmental 
Management Commission and the Division of 
1 loalth Sonicon E^nvironmental Health wiO give 
consideration to the foUowing priority factors: 

( 1) Primary consideration shall be given to the 
public necessity of the project in promot- 
ing the public health, safety, and welfare 
and in providing or having the potential 
of providing the greatest benefit to the 
greatest number of persons. 

(2) Consideration shall also be given to the 
eligibility of the proposed project for fed- 
eral funding; the compatability compat- 
ibility of the proposed project with the 
state s general program of water supply 
and water pollution control, and any ap- 
plicable regional plamiing program; the 
population to be served; the fiscal re- 
sponsibihty of the applicant; and the need 
of the appHcant for funding assistance. 

(3) Additional consideration shall be given to 
eligible units of govenimcnt which dem- 
onstrate practices for the conservation of 
water. 

(c) The categorical elements and items to be 
considered in assigning priorities to each appli- 
cation for which loan or grant funds are sought, 
and the points to be awarded to each categorical 
element and item are set forth in Sections .0500, 
.0600 and .0700 of this Subchapter. Unless oth- 
erwise specifically indicated, if an item for an cl- 
ement of a particular category applies specifically 
to the application under consideration, the ap- 
plication will be awarded the number of points 
assigned to that item for the categorical element; 
and if no item applies, no points will be awarded 
the application for that particular element. 

Statuton- Authority G.S. I59G-I0: I59G-I5. 



SECTION .0700 - PRIORII V CRITERIA FOR WATER SLPPLY SYSTEMS PROJECTS 



.0701 PUBLIC NECESSITY: HEALTH: SAFETY AND WELFARE 

Maximum Value--55 points: 

(1) System and Service ,Area Needs: (Maximum Points--20) 

(a) The project is intended solely to increase the source of raw water to meet existing 
service area needs or to alleviate water shortage problems. 

(b) The project is intended to improve an existing system with no increase in the area 
to be served. 

(c) The project is intended to increase the existing area to be served without improve- 
ment of the existing system. 

(d) The project is intended to increase the existing area to be served and includes needed 
improvements to the existing system. 



12 points 
12 points 
14 points 



6:20 NORTH CAROLINA REGISTER Janiuiiv 15, 1992 



1516 



PROPOSED RULES 



(e) The project is intended to significantly increase the existing area to be ser\ed, includes 
needed improvements to the existing system and is so designed as to permit inter- 
connection at an appropriate time uith an expanding metrop>olitan, area-wide or 
regional system. 

(f) The project is intended to provide for construction of a basic system for a umt of 
government which is not presently sened by an approved pubhc water supply sys- 
tem. 

(2) Public Health Need (Maximum Points--15). If one item of this categorical element 
applies, the value of 10 points will be awarded. If both items apply, a ma.ximum of 
15 points will be awarded: 

(a I The project is intended to alleviate an urgent or immediately anticipated water 
shortage problem which has significant public health implications. 

(b) The project is necessary to elLminate a potential public health hazard. 

Notwithstanding other pro\isions relating to the assignment of priority point values for 
various categorical elements and items, the Di\ision of 1 k ' cilth SL'P i icoo Fn\ironmental 
Health may award a higher priority value to an eligible application if the proposed 
project is required to eliminate a demonstrated or critical hazard to the pubUc health. 

(3) Capacity for Future Groulh (Select One) 
(Maximum Points--20); 

(a) The project is intended to pro\ide for the immediate needs. 

(b) The project is intended to pro\ide for the reasonable forseeable growth needs of the 
area during the next 5-10 years. 

(c) The project is intended to provide for the reasonable foreseeable growth needs of the 
area during the next 11-15 years. 

(dl The project is intended to pro\ide for the reasonable foreseeable growth needs of the 
area dunng the next 16-20 years. 

(e) The project is a proposed regional system or a major component of a regional SNStem 
which is intended to pro\ide for the reasonable foreseeable growth needs of the area 
to be sen'ed durinsz the next 20 or more vears. 



16 points 



20 points 



20 points 



10 points 
10 points 



6 points 
10 points 
12 points 
14 points 

20 points 



Siatiiton Auihoriiv G.S. I59G-I0: I59G-15. 



.0702 COMP vriBFLITV \\\J\\ STATE: RKGION AL AND LOCAL PLANNING 

Ma.vimum \aluc--10 points: 

The \'alue of this categorical element is the sum of the points awarded to either Item (1), (2). or (3) 
plus the points assigned to Item (4) of this Rule: 

( 1 1 In the absence of applicable local, area-wide or regional planning, the project has been 
endorsed otTiciaUy by the appropriate planning agencies or by the appropriate elected 
officials of the county or counties m which the project is located or proposed to be 
located. 



(2) 1 he project is compatible with applicable local, area-wide or regional planning in the 
county or counties in which the project is located or proposed to be located. 

(3) The project is compatible w ith applicable local, area-wide or regional planning in the 
count}" or counties in wluch the project is located or proposed to be located and has 
been officialK endorsed by the appropriate planning agencies. 



5 points 

6 points 

8 points 



15 1; 



6:20 SORTH CAROLISA REGISTER January 15, 1992 



PROPOSED RULES 



(4) The project is compatible with the state's general program of water supply planning 
for the county or counties in which the project is located or proposed to be located 
or is in comphance with a regional water supply system plan approved by the Division 
of Hoalth Sup i 'icoG. Environmental Health. 



pomts 



Stdtutorj' Authority G.S. I59G-I0; 159G-I5. 

.0703 FINANCIAL CONSIDERATIONS 

Maximum Value--35 Points: 
( 1 ) Financing of the Project (Select One) 
(Maximum Points-- 10): 

(a) Applicant has received a commitment for funding from a federal agency. 

(b) Applicant has funds available or bonds have been authorized to provide the apph- 
cant's share of the project costs but a commitment for funding has not been received 
from a federal agency. 

(c) Applicant has received a commitment for funding from a federal agency and has 
funds available or bonds have been authorized to provide the applicant's share of 
project costs. 

(d) Applicant has funds available or bonds ha\e been authorized to cover project costs 
over and above the state grant or loan funds requested. 

Fiscal Responsibility of the Apphcant (Maximum Points-- 10). The value of this 
categorical element shall be the sum of the points awarded Items (a) to (e) of this 
Paragraph: 
The apphcant has followed proper accounting and fiscal reporting procedures as re- 
flected in the applicant's most recent report of audit, and the apphcant is in sub- 
stantial compliance with the provisions of the general fiscal control laws of the state. 



(2) 
(a) 

(b) 
(c) 

(d) 
(e) 



5 points 



5 points 



10 points 



10 points 



2 points 
2 points 

2 points 

2 points 

2 points 
In detemiining the points to be awarded this categorical element, the Division of Hoalth LSoP i icoc i 
I'n\ironmental Health may seek the comments of the Secretary' of the Local Government Commis- 
sion. Applicants not authorized to le\'\ taxes shall be ehgible to receive two points for Item (b) and 
two points for Item (c) of this Paragraph. 
(3) Financial Need of the Applicant (.Ma.ximum Points-- 15). The fmancial need of the applicant will 
be determined by the follov\ing formula: 

f X 100 (Total Bonded Indebtedness plus 
Points = Total Estimated Project Cost) 

Total .Appraised Property Valuation 



The apphcant has an effective tax collection program. 

The additional debt service requirements resulting from the project will not increase 
the existing tax rate excessively. 

Estimated revenues will provide funds for proper future operation, maintenance and 
administration, reasonable expansion of the project and estimated annual pnncipal 
and interest requirements for the project debt plus annual principal and interest re- 
quirements on the outstanding debt incurred for existing facihties. 

The apphcant has established or has submitted a resolution of its governing body 
directing the estabhshmcnt of a capital reserve fund into which all surplus revenues 
from charges and fees will be placed for the purposes specified in G.S. 159G-9(4). 
(Copy of the resolution must be submitted with the application.) 



6:20 NORTH CAROLINA REGISTER January 15, 1992 



15 IS 



PROPOSED RULES 



"Total bonded indebtedness" includes all outstanding bonds as of the fu^st day of the quarter in 

w hich the project application is ehgible for consideration for the assignment of a prionty but shall 

not include bonds already authorized or sold to finance the proposed project. 

"Total appraised property \aluation" refers only to real property valuation based on the most recent 

appraisal tor tax purposes as officially recorded in the county or counties in which the service area 

of the proposed project is to be located. 

"f shall be a factor of 1.5 for project applications from units of go\emment located in counties or 

areas designated by the Fconomic Development Admimstration as a "qualified area" under the 

Public Works and Economic De\elopment Act of 1965 as amended. For all other applications, the 

factor shaU be 1.25. 

"f X 100" is used in the formula to provide point values for this categorical element. 



Staiuton- Authoritv G.S. I59G-I0: I59G-J5. 



SKCTION .0800 - PRIORITY REMRW PERIODS: 
ASSIGNMENT OE PRIORITIES 



COMMITMENT: DISBl RSEMENT OE LOANS 
AND GRANTS 



.0803 .ASSIGNMENT OF CATEGORY 

TO W.ASTEWATER APPLICATIONS 

(a) Applications to the General Wastewater 
Revolving Loan Account or the High- Unit Cost 
Wastewater Account will be assigned a category 
as follows, during re\iew of the applications: 

( 1 ) .All applications for projects that are under 
orders or projects whose receiving waters 
have been designated Nutnent Sensitive 
Waters by the Environmental Manage- 
ment Commission, and that have submit- 
ted fmal project plans and specifications 
for review and approval by the recei\ing 
agency, shall be placed in Categop," 1 . 

(2) All applications for projects that are under 

orders or projects uhose recening waters 
base been designated Nutnent Sensitive 
Waters bv the Fn\ironmcntal Manaiie- 



.0902 CERTIFICATION OF ELIGIBILITY 

(a) The receiving agency shall foroard te Ae 
Officj ftf State Budget aft4 \Ianagc>mont create a 
certificate of eliabilit\' ftft4 notification ef com 



(3) 



ment Commission and which ha\-e not 
submitted final project plans and specifi- 
cations for re\iew and approval bv the 
rcccn'ing agency and all applications for 
projects not included in Categop.' ]_ that 
have submitted final project plans and 
specifications for review and approval by 
the receiving agency shall be placed in 
Category 2. 

Ail other applications shall be placed in 
Category 3. 
(b) .AH applications in Categop," 1 for a specific 
wastewater account wUl be funded before appli- 
cations in Category 2 in the same account. All 
applications in Categor>' 2 for a specific 
wastewater account will be funded before appli- 
cations in Categop." 3 in the same account. 

Staii/ioty Authority G.S. I59G-2: I59G-I5. 

SECTION .0900 - LOAN AND GRANT .AWARD 
AND 



i"nitmjnt for each application for which a loan 
or grant commitment has been made. 

(b) The certificate of eligibility shall indicate 
that the applicant meets all eligibility criteria and 
that all other requirements of the Act have been 
met. 

(c) The notification ef comniitmcnt certificate 
of eliabilitN shall also mdicate the amount and 
the fiscal year of the loan or grant commitment. 

Statutory Authority G.S. I59G-12: I59G-I5. 

.0903 CRITERIA FOR LOAN ADJLSTMENTS 

Upon receipt of bids, a loan commitment may 
be adjusted as follows: 

( 1 ) The loan commitment may be decreased, 
provided the project cost as bid is less than 
the estimated project cost, and the receiving 
agency approves the loan commitment de- 
crease. 

(2) Loan commitments ma\ be increased, to a 
ma.\imum of ten percent or three hundred 
thousand dollars ($300,000.00), whichever is 
greater, provided: the project cost as bid is 
greater than the estimated project cost: the 
project as bid is in accordance with the 
project for which the loan commitment was 
made: the receiving agency has reviewed the 
bids and determined that substantial cost 
savings would not be available through 
project revisions without jeopardizing the 
integrity of the project: and adequate funds 
are available in the account from which the 
loan was awarded. Increases greater than 
ten percent of the loan commitment shall 
be approved by the receiving agency, the 



1519 



6:20 .\ORTH CAROLINA REGISTER Jantiarv L\ 1992 



PROPOSED RULES 



Local Government Commission; and, for Statutory Authority G.S. I59G-12; I59G-I5. 
wastewater projects, the Ofllco ef State 
Budget aH4 Managomont. Environmental 
Management Commission. 



Statutory Authority G.S. I59G-I2; I59G-I5. 

.0904 DISBLRSEMENT OF LOANS AND 
GRAMS 

(a) Disbursement of the total amount of loans 
less than fifty thousand doOars ($50,000) will be 
made upon award of contract. The loan recipi- 
ent will notify the receiving agency of the award 
of contract. The receiving agency will authorize 
the loan disbursement upon receipt and review 
of such notice. 

(b) Disbursement of loans of fifty thousand 
dollars ($50,000) or greater will be made in in- 
stallments. »f dS> percent ef \ki% total loan 
amount. The first 3^ percent installment will be 
25 percent of the loan and made upon award of 
contract; the second ^ percent installment will 
be 25 percent of the loan and made upon 20 
percent completion of the project; the third 3$ 
percent installment will be 25 percent of the loan 
and made upon 45 percent completion of the 
project; and the fourth 34 percent installment will 
be made upon 70 percent completion of the 
project. The applicant will notify the receiving 
agency of the award of contract for disbursement 
of the fu'st installment, and will provide doc- 
umentation of percentage project completion for 
disbursement of the remaining installments. 
Upon receipt and review of such notice or doc- 
umentation, the receiving agency will authorize 
the disbursements. When the receiving agency 
determines that the fuU loan amount is not re- 
quired to complete the project, it mav reduce or 
adjust the fourth installment accordingly. 

(c) Grant disbursements will be made accord- 
ing to the same schedules and criteria as estab- 
hshed for loans under this Rule. 

(d) The receiving agency will notify the Offic e 
ef State Budget aH4 Management Fiscal Man- 
agement Office of the Department of Environ- 
ment. Health, and Natural Resources to make 
loan or grant disbursements. A check in the 
amount of the disbursement authorized by the 
receiving agency will be fonsarded wnttcn to the 
loan or grant recipient by the Office f4 State 
Budget cm4 Manag e m e nt. Fiscal Management 
Office. fl*e receiving ag e ncy wtli l*e notified by 
t4ie Offic e &f State Budget afi4 Management as 
diflburoomonto afe made. The check will be for- 
warded to the loan or grant recipient by the re^ 
ceiving agencv. 



.0905 PROJECT ADMINISTRATn E 
CLOSEOUT 

(a) The receiving agencv will schedule a 
closeout session immediately after the scheduled 
date for completion or the actual date of com- 
pletion, whichever occurs tirst. 

(b) If the receiving agency detennines the total 
disbursements have exceeded project costs by 
one percent or five thousand dollars ($5.000) 
(whichever is greater), the recipient will be re- 
quired to reimburse the overpayment to the De- 
partment of Environment, Health, and Natural 
Resources within 30 days of notification. The 
tinal promissory note will be adjusted accord- 
ingly. 

Statutory Authority G.S. I59G-I2; I59G-I5. 

SECTION .1000 - LOAN REPAYMENTS 

.1002 REPAYMENT OF PRINCIPAL 
AND INTEREST ON LOANS 

(a) The debt instrument setting the terms and 
conditions of repayment of loans under this 
Subchapter will be established after the receipt 
of bids and after any adjustments are made under 
Rttk'Rules .0903 and .0905 of this Subchapter. 

(b) Ihe maximum maturity on any loan under 
this Subchapter shall not exceed 20 years. 

(c) Interest on the debt instrument will begin 
to accrue on the date the fmal dicbursomont is 
made te tlw leae ef grant recipient by tlie Office 
ef State Budget aft4 Management. project is 
scheduled to be completed. 

(d) .AH principal payments will be made annu- 
ally on or before .May 1. The first principal 
payment is due not earlier than six months after 
the original date of scheduled completion of the 
project. 

(e) All interest payments will be made semian- 
nually on or before May 1 and November 1 of 
each year. The first interest payment is due not 
carher than six months after the original date of 
scheduled completion of the project. 

(t"') .AH principal and interest payments shall be 
made payable to the appropriate account as 
specified in the debt instrument. 

Statutory Authority G.S. 159G-I3; I59G-I5; 
I59G-IS. 

•k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k 



No 



otice i.<i hereby given in accordance with G.S. 
I50B-2I.2 that the^EHSR - En\-ironmental Man- 



6:20 NORTH CAROLINA REGISTER Januaiy 15, 1992 



1520 



PROPOSED RULES 



az,ement Commission intends to amend rule(s) 
cited as ISA SCAC 2B .0216 and .0303. 

J. he proposed effective date of this action is Au- 
gust I, 1992. 

1 he public hearing will be conducted at 7:00 
p.m. on March 16, 1992 at the Courtroom. 
Transykania County Courthouse. Main Street. 
Bre\ard. AC. 

iXeason for Proposed Action: To reclassify 
portions of Bearwallow Creek and the 
Tuckaseegee River in the Little Tennessee River 
Basin and Savannah River Drainage .Area. 

(^ ommenl Procedures: .4 II persons interested in 
this matter are invited to attend. Comments, 
statements, data and other information may be 
submitted in writing prior to. during or within 30 
days after the hearing or may be presented 
verbally at the hearing. I 'erbal statements may 
be limited at the discretion of the hearing officer. 
Submittal of written copies of verbal statements is 
encouraged. 

r iscal \otc: This Rule affects the expenditures 
or revenues of local funds. .4 fiscal note was sub- 
mitted to the Fiscal Research Division on Decem- 
ber IS. 1991, OSBM on December IS. 1991, N.C. 
League of .Municipalities on December IS. 199 1, 
and \.C. Association of County Commissioners 
on December IS. I99I. 

CHAPTER 2 - tWIRONMENTAL 
MANAGEMENT 

SLMCMAI'l ER 2B - SI REACE WATER 
STANDARDS: MONITORING 

SECTION .0200 - CEASSIEICATIONS AND 

WMER QIAIITV STANDARDS AIMM K ABI E 

TO SERFAGE WATERS OE NORTH CAROLINA 

.0216 OLTSTANDING RESOERCE WATERS 

(a) General. In addition to the existing classi- 
fications, the Commission may classify certain 
unique and special surface waters of the state as 
outstanding resource waters (ORW) upon fmd- 
ing that such waters are of exceptional state or 
national recreational or ecological significance 
and that the waters have exceptional water qual- 
ity while meeting the following conditions: 

( 1 ) there are no significant impacts from pol- 
lution with the water quality rated as ex- 
cellent based on physical, chemical and/or 
bioloacal infomiation: 



(2) the characteristics which make these wa- 
ters unique and special may not be pro- 
tected by the assigned narrative and 
numerical water quality standards. 

(b) Outstanding Resource \'alues. In order to 
be classified as ORW, a water body must exhibit 
one or more of the following values or uses to 
demonstrate it is of exceptional state or national 
recreational or ecological significance: 

( 1 ) there are outstanding tlsh (or commercially 
important aquatic species) habitat and 
fishenes; 

(2) there is an unusually high Ie\-el of water- 
based recreation or the potential for such 
recreation; 

(3) the waters have already received some 
special designation such as a North 
Carolina or National Wild and Scenic 
River, Native or Special Native Trout 
Waters, National Wildlife Refuge, etc, 
which do not pro\ide any water quality 
protection; 

(4) the waters represent an important com- 
ponent of a state or national park or for- 
est; or 

(5) the waters are of special ecological or sci- 
entific significance such as habitat for rare 
or endangered species or as areas for re- 
search and education. 

(c) Quality Standards for ORW. 

( 1 ) Freshwater: Water quality conditions 
shall clearly maintain and protect the 
outstanding resource values of waters 
classified ORW. Management strategies 
to protect resource values wUl be devel- 
oped on a site specific basis dunng the 
proceedings to classify waters as ORW. 
At a minimum, no new discharges or ex- 
pansions of existing discharges will be 
permitted, and stormwater controls for all 
new development actisities requiring a 
Sediment Erosion Control I'lan will be 
required as follows: 

(A) I ow Density Option: Dc\clopments 
which limit single family de\ elopments to 
one acre lots and other type de\'elopments 
to 12 percent built-upon area, have no 
stomiwater collection svstcm as detincd in 
15A NCAC 211 .1002(13), and have 
built-upon areas at least 30 feet from sur- 
face water areas will be deemed to comply 
with this requirement. 

(B) High Density Development: Higher 
density developments will be allowed if 
stormwater control systems utilizing wet 
detention ponds as described in 15.\ 
NCAC 2H .1003(i), (k) and (1) are in- 
stalled, operated and maintained wliich 



1521 



6:20 NORTH CAROLINA REGISTER Janiuuy 15, 1992 



PROPOSED RULES 



control the runoff from all built-upon 

areas generated from one inch of rainfall. 

The size of the control system must take 

into account the runoff from any per\ious 

surfaces draining to the system. 

More stnngcnt requirements may be required by 

the Environmental .Management Commission on 

a site specific basis. 

(2) Saltwater: Water quality conditions shall 
clearly maintain and protect the out- 
standing resource values of waters classi- 
fied ORW. Management strategies to 
protect resource values wiU be developed 
on a site-specific basis during the pro- 
ceedings to classify waters as ORW, At 
a minimum, new de\elopment will com- 
ply with the low density options as speci- 
fied in the Stormwater Runoff Disposal 
rules [16 NCAC 211 ,1003 (a)(2j| withm 
575 feet of the mean high water line of the 
designated ORW area. New non- 

discharge permits will be required to meet 
reduced loading rates and increased buffer 
zones, to be determined on a case-by-case 
basis. No dredge or fill activities will be 
allowed where significant shellfish or sub- 
merged aquatic vegetation bed resources 
occur, except for maintenance dredging, 
such as that required to maintain access 
to existing channels and facilities located 
within the designated areas or mamte- 
nance dredging for activities such as agri- 
culture. A puhUc hearing is mandatory 
for any proposed permits to discharge to 
waters classified as ORW. 
Additional actions to protect resource \alues \\ ill 
be considered on a site specific basis during the 
proceedings to classify waters as ORW and wiU 
be specified in Paragraph (e) of this Rule. These 
actions ma\ include an\lhing within the powers 
of the commission. The commission will also 
consider local actions which have been taken to 
protect a water body in determining the appro- 
priate state protection options. Descnptions of 
boundaries of waters classified as ORW are in- 
cluded in Paragraph (e) of this Rule and in the 
Schedule of Chssifications ( 15A NCAC 2B ,0302 
through ,0317) as specified for the appropriate 
river basin and wlU also be described on maps 
maintained by the Division of Environmental 
Management, 

(d) Petition Process, An> person ma\' petition 
the Commission to classify a surface water of the 
state as an ORW, The petition shall identify the 
exceptional resource value to be protected, ad- 
dress how the water body meets the general cri- 
teria in I'aragraph (a) of this Rule, and the 
suggested actions to protect the resource \'alues. 



The Commission may request additional sup- 
porting information from the petitioner. The 
Commission or its designee will initiate pubhc 
proceedings to classify waters as ORW or will 
inform the petitioner that the waters do not meet 
the criteria for 0R\\' with an explanation of the 
basis for tliis decision. The petition should be 
sent to: 

Director 

Di\ ision of En\ironmental .Management 

P.O. Box 27687 

Raleigh, North Carolma 27611-7687 

The envelope containing the petition should 

clearlv bear the notation: RL'LE-.\L'\KING 

PETITION rOR ORW CLASSIFICATION, 

(e) listing of Waters Classified ORW with 

Specific Actions, Waters classified as ORW with 

specific actions to protect exceptional resource 

\alues are listed as follows: 

(1) Roosevelt Natural Area [White Oak River 
Basm, Index Nos. 20-36-9. 5-(r) and 
20-36-9. 5-(2)| including all fresh and saline 
waters witlrin the property boundaries of 
the natural area will have only new devel- 
opment which complies with the low 
densitv option in the stormwater rules as 
specified in I5A NCAC 2H .1003(a)(2) 
within 575 feet of the Roosevelt Natural 
vArea (if the development site naturally 
drains to the Roose\elt Natural ,Area). 

(2) Chattooga River ORW Area (Little 
Tennessee Ri\'er Basin and Sa\annah 
River Drainage .Area): the foUowing un- 
designated watcrbodies that are tributarv" 
to ORW designated segments shall com- 
ply with Rule .0216(c) of this Section in 
order to protect the designated waters as 
per Rule .0203 of this Section. However, 
expansions of existing discharges to these 
segments will be allowed if there is no in- 
crease in pollutant loading: 

(A) North and South I-owler Creeks, 

(B) Green and Norton Mill Creeks, 

(C) Cane Creek; 

(D) Ammons Branch, 

(E) Glade Creek, and 

(E) Associated tributaries. 

(3) Henrv Fork ORW .Area (Catawba River 
Basin): the following undesignated 
watcrbodies that are tributar>- to ORW 
designated segments shall compl\ with 
Rule .0216(c) of this Section in order to 
protect the designated waters as per Rule 
.0203 of this Section: 

(A) I\y Creek. 

(B) Rock Creek, and 

(C) Associated tributaries. 



6:20 NORTH CAROLINA REGISTER January 15, 1992 



1522 



PROPOSED RULES 



(4) Editor's Note: The proposed text for this 

Subparagraph is contained in a sepnirate 
notice of hearing found on page IS27 in 
this issue of the Register (6:20 SCR 
1527). 

(5) Beanvallcnv Crock (I ittle Tenncssc River 
tjasin and Savannah Riser l^ainage 

iindesiiinatcil 



■Area): the 

Bcarwalknv Creek (from it^ 



portion of 

source to 2.3 

miles upstream ot^ mouth) shall comply 
with the management straleeies applied to 
1 liah Quality Waters descnbed in Rule 
.(l2nl(J) ( 1) and (2) of this Section in or^ 
der to protect the designated waters as per 
Rule .(1203 of tjm Section. 

(6) Editor's Sate: I he proposed text for this 

Subparagraph is contained in a separate 
notice of hearing found on page 1 528 in 
this issue of the Register (6:20 NCR 
I52S). 

(7) f4f In the following designated watcrbodies, 

no additional restnctions will be placed 
on new or expanded mannas. The only 
new or expanded M'Df.iS permitted dis- 
charges that will be allowed will be non- 
domestic, non-process industrial 
discharges. 
(A) The Alligator Ri\er .\rea (Pasquotank 
River Basin) extending from the source 
of the .Vlligator Ri\er to the U.S. High- 
way 64 bndge including New Lake Fork, 
North West Fork Alligator River. Juniper 
Creek. Southwest Fork Alligator River, 
Scouts Bay. Gum Neck Creek. Georgia 
Bay, Winn Bay. Stumpy Creek Bay, 
Stumpy Creek. Swann Creek (Swarm 
Creek Lake). Whipping Creek (WTupping 
Creek Lake). Grapevine Bay. Rattlesnake 
Bay. The Straits. The Fr>'ing Pan, 
Coopers Creek. Babbitt Bay. Goose 
Creek, Milltail Creek, Boat Bay, Sandy 
Ridge Gut (Sawyer Lake) and Second 
Creek, but excluding the Intracoastal 
Waterway (Pungo Ri\er-/\lligator River 
Canal ) and all other tribut;ir\" streams and 
canals. 
(S) f^ In the foUowing designated watcrbodies, 
the only type of new or expanded marina 
that will be allowed will be those marinas 
located in upland basin areas. I'he only 
new or expanded NPDES permitted dis- 
charges that will be allowed will be non- 
domestic, non-process industrial 
discharges. 
(A) The Northeast Swanquarter Bay Area 
including all waters northeast of a line 
from a point at Lat. 35° 23' 51" and Long. 
76° 21' 02" thence southeast along the 



Swanquarter National Wildlife Refuge 
hunting closure boundary (as defmed by 
the 1935 Presidential Proclamation) to 
Drum Point. 

(B) The Neuse-Southeast Pamlico Sound 
Area (Southeast Pamlico Sound .Vrca 
(Southeast Pamhco Sound Section of the 
Southeast Pamlico, Core and Back 
Sound rVrea): (Neuse River Basin) in- 
cluding all waters within an area defmed 
by a line extending from the southem 
shore of Ocracoke Inlet northwest to the 
Tar- Pamlico River and Neuse River basin 
boundary, then southvsest to Ship Point. 

(C) The Core Sound Section of the South- 
east Pamhco. Core and Back Sound /Vrea 
(White Oak Ri\er Basin) including all 
waters of Core Sound. *h4 its tributaries, 
and the portion of the .Atlantic Harbor 
Restneted .Area that is open to 



she 



shintJ. but excluding Nelson Bav t^ 



j\tlantic I [arbor Roi i tncted Ar i? u and those 
tributanes of Jarrett Bay that are closed 
to shellfishing. 

(D) The Western Bogue Sound Section of 
the Western Bogue Sound and Bear Is- 
land .Area (White Oak River Basin) in- 
cluding all waters within an area defined 
by a line from Bogue Inlet to the main- 
land at SR 1117 to a hne across Bogue 
Sound from the southwest side of Gales 
Creek to Rock Point, including Taylor 
Bay and the Intracoastal Waterway. 

(E) The Stump Sound .-Area (Cape Fear 
River Basin) including all waters of Stump 
Sound and Alligator Bay from marker 
Number 17 to the western end of 
Permuda Island, but excluding Rogers 
Bav. the Kinas Creek Restricted Area and 
Mill Creek. 

(Y) The lopsail Sound and Middle Sound 
/Area (Cape Fear Ri\er Basin) including 
all estuarine waters from New ropsail In- 
let to Mason Inlet, including the Intra- 
coastal Waterway and Howe Creek, but 
excluding Pages Creek and Futch Creek. 
(9) f6-^ In the following designated watcrbodies, 
no new or expanded NPDFS permitted 
discharges and no new or expanded 
marinas will be allowed. 
(A) The Swanquarter Ba)' and Juniper Bay 
.Area ( lar-Pamlico River Basin) including 
all waters within a line beginning at 
Juniper Bay Point and running south and 
then west below Great Island, then 
northwest to Shell Point and including 
Shell Ba\ . Swanquarter and Juniper Bays 
and their tnbutaries. but excluding all 



1523 



6:20 NORTH CAROLINA REGLSTER January L\ 1992 



PROPOSED RULES 



waters northeast of a line from a point at 
Lat. 35° 23' 51" and Long. 76° 21' 02" 
thence southeast along the Swanquarter 
National Wildlife Refuge hunting closure 
boundarv' (as defined by the 1^V35 Presi- 
dential Proclamation) to Drum Point and 
also excluding the Blowout Canal, 
Ilydeland Canal, Juniper Canal and 
Quarter Canal. 

(B) The Back Sound Section of the South- 
east Pamlico, Core and Back Sound /Vrea 
(White Oak Ri\cr Basin) including that 
area of Back Sound extending from Core 
Sound west along Shackleford Banks, 
then north to the western most point of 
Middle Marshes and along the northwest 
shore of Middle Marshes (to include all 
of Middle Marshes), then west to Rush 
Point on Marker's Island, and along the 
southern shore of Marker's Island back to 
Core Sound. 

(C) The Bear Island Section of the Western 
Bogue Sound and Bear Island Area 
(White Oak River Basin) including all 
waters within an area defined by a line 
from the western most point on Bear Is- 
land to the northeast mouth of Goose 
Creek on the mainland, east to the south- 
west mouth of Queen Creek, then south 
to green marker No. 49, then northeast to 
the northern most point on Huggins Is- 
land, then southeast along the shoreline 
of Huggins Island to the southeastern 
most point of Huggins Island, then south 
to the northeastern most point on Dudley 
Island, then southwest along the shoreline 
of Dudley Island to the eastern tip of Bear 
Island. 

(D) The Masonboro Sound /Vrea (Cape 
Fear River Basin) including all waters be- 
tween the Barrier Islands and the main- 
land from Carolina Beach Inlet to 
Masonboro Inlet. 

Statutory Authority G.S. 1 43- 2 1 4. 1. 

SECTION .0300 - .ASSIGNMENT OF STKE.A.M 
CLASSIFICATIONS 

.0303 LITTLE TENN Rl\ EK BASIN AND 

SA\.\NNAI1 RI\ER DR.VINAGE AREA 

(a) Places where the schedule may be inspected: 
(1) Clerk of Court: 
Clay County 
Graham County 
Jackson County 
Macon County 
Swain County 



Transylvania County 
(2) North Carolina Department of Natural 
Resources and Community Development 
Asheville Regional Office 
Interchange Building 
159 Woodfin Street 
AshevrLle, North Carolina 

(b) Unnamed Streams. Such streams entering 
Georgia or Tennessee will be classified "C Tr." 
Such streams in the Savannah River drainage 
area enterina South Carolina wiU be classified 
"B Tr." 

(c) The Little Tennessee River Basin and 
Savannah River Drainage /Vrea Schedule of 
Classifications and Water Quality Standards was 
amended effective: 

(1) Februar>- 16, 1977; 

(2) .March 1, 1977; 

(3) July 13, 1980; 

(4) February 1, 1986; 

(5) October 1, 1987; 

(6) .March 1, 1989; 

(7) January 1, 1990; 

(8) July 1, 1990; 

(9) Auaust 1, 1990; 

(10) March 1, 1991; 

(11) August 1. 1992. 

(d) 1 he Schedule of Classifications of Water 
Quality Standards for the Little Tennessee Basin 
and Savannah River Drainage .Area was amended 
effective March 1, 1989 as follows: 

(1) Nantahala River (Index No. 2-57) from 
source to the backwaters of Nantahala 
Lake and aU tributary' waters were reclas- 
sified from Class B-trout. Class C-trout 
and Class C to Class B-trout ORW, Class 
C-trout ORW and Class C ORW. 

(2) Chattooga River (Index No. 3) including 
Scotsman Creek, 0\ertlow Creek, Big 
Creek, Talley .Mill Creek and all tributary 
waters were reclassified from Class B- 
trout. Class C-trout and Class C to Class 
B-trout ORW, Class C-trout ORW and 
Class C ORW and Clear Creek and aU 
tributary waters were reclassified from 
Class C-trout and Class C to Class B- 
trout and Class B. 

(e) The Schedule of Classifications and Water 
Quality Standards for the I ittle Tennessee River 
Basia and Sav;mnah Riser Drainage .Area was 
amended effective January 1. 1990 as follows: 

(1) North Fork Coweeta Creek (Index No. 
2-10-4) and Falls Branch (Index No. 
2-10-4-1) were reclassified from Class C 
to Class B. 

(2) Bumingtown Creek (Index No. 2-38) was 
reclassified from C-trout to B-trout. 



6:20 NORTH CAROLINA REGISTER January 15, 1992 



1524 



PROPOSED RULES 



(f) The Schedule of Classifications and Water 
Quality Standards for the Little Tennessee River 
Basin and Savannah River Drainage Area was 
amended effective July 1, 1990 by the reclassi- 
fication of Alarka Creek (Index No. 2-69) from 
source to Upper Long Creek (Index No. 2-69-2) 
including all tnbutaries from Classes C and C Tr 
to Classes C HQW and C Tr HQW. 

(g) The Schedule of Classifications and Water 
Quality Standards for the Little Tennessee River 
Basin and Savannah River Drainage Asca. was 
amended effective March 1. 1991 as follows: 

( 1 ) Cartoogechaye Creek [Index Nos. 2- 19-( 1) 
and 2-19-(16)] from Gibson Cove Branch 
to bridge at U.S. H\v>'. 23 and 441 and 
from the bridge at U.S. \\\v\ . 23 and 441 
to the Little Tennessee River was reclas- 
sified from Classes WS-IIl Tr and C Tr 
to Classes WS-III and B Ir and B Tr re- 
spectively. 

(2) Coweeta Creek (Index Nos. 2-10) from its 
source to the Little Tennessee River in- 
cluding all tributaries except Dryman 
Fork (Index No. 2-10-3) and NorthFork 
Coweeta Creek (Index No. 2-10-4) was 
reclassified from Classes C and C Tr to 
Classes B and B Tr. 

The Schedule of Classifications and Water 



for the 1 ittle Tennessee Ri\er 



(hi 

QualitN Standard 

Basin and Savannah River Drainage Area has 
been amended effective August ]_^ 19Q2 as fol- 
lows: 

( 1 ) Bearwallow Creek from 2.3 miles up- 
stream of the "1 oxawav Ri\cr [Index No. 
4-7-(2)[ was reclassified fn^m Class C Tr 
HQW to C Ir ORW: and 

(2) "Ihe Luckascegee River from its source to 

rennessee Creek [Index No. 2-7^-(0.5)[ 
including all tnbutaries was reclassified 
from Classes B 1 r HQW. C HQW and C 
to Classes B Ir ORW and C ORW. 



Statutory Authority G.S. 143-214.1: 143-215.1; 
143-2l5.3(a)(I). 



Jyotice is hereby given in accordance with G.S. 
ISOB-21.2 that the HHSR - Emironmental Man- 
agement Commission intends to amend nde(s) 
cited as 15.4 SC.iC 2B .0216: .0305 and .0307. 

1 he proposed effectrvc date of this action is .Au- 
gust 1. 1 992. 



1 he public hearing will be conducted at 7:00 
p.m. on March 17, 1992 at the Courtroom I - 2nd 
Eloor, Watauga County Courthouse, 403 IF. King 
Street, Boone, NC. 

iXeason for Proposed Action: To reclassify 
Boone Fork ( Watauga River Basin) and portions 
of Old Field Creek, and the South Fork New and 
\ew Rivers iSew River Basin). 



Co 



ornment Procedures: .411 persons interested in 
this matter are invited to attend. Comments, 
statements, data and other information may be 
submitted in writing prior to, during or within 30 
days after the hearing or may be presented 
verbally at the hearing. Verbal statements may 
be limited at the discretion of the hearing officer. 
Submittal of written copies of verbal statements is 
encouraged. 

JL iscal .\ote: This Rule affects the expenditures 
or revenues of local funds. A fiscal note was sub- 
mitted to the Fiscal Research Division on Decem- 
ber 18, 1991. OSBM on December 18. 1991, .V.C. 
League of Municipalities on December 18. 1991, 
and .\ C. Association of County Commissioners 
on December 18. 1991. 

CHAPTF.R 2 - ENVIRONMENT.VL 
MANAGEMENT 

SLBCFL\PTER 2B -SERFAGE WATER 
STANDARDS: MONITORING 

SECTION .0200 - CLASSIFICATIONS AND 

WATER QL Al ITY STANDARDS APPLICABLE 

TO SI RFA( F WATERS OF NORTFI CAROLINA 

.0216 OLISFANDING RESOLRCE WATERS 

(a) General. In addition to the existing classi- 
fications, the Commission may classify certain 
unique and special surface waters of the state as 
outstanding resource waters (ORW) upon fmd- 
ing that such waters are of exceptional state or 
national recreational or ecological significance 
and that the waters have exceptional water qual- 
ity whife meeting the following conditions: 

(1) there are no significant impacts from pol- 
lution uith the water quahty rated as ex- 
cellent based on physical, chemical and or 
biological information; 

(2) the characteristics which make these wa- 
ters unique and special may not be pro- 
tected by the assigned narrati\e and 
numerical water quality standards. 

(b) Outstanding Resource Values. In order to 
be classified as ORW, a water body must exhibit 
one or more of the following \'alues or uses to 



1525 



6:20 NORTH CAROLINA REGISTER .1 unitary 15, 1992 



PROPOSED RULES 



demonstrate it is of exceptional state or national 
recreational or ecological significance: 

( 1 ) there are outstanding fish (or commercially 
important aquatic species) habitat and 
fisheries; 

(2) there is an unusually high level of water- 
based recreation or the potential for such 
recreation; 

(3) the waters have already received some 
special designation such as a North 
Carolina or National Wild and Scenic 
River, Native or Special Native Trout 
Waters, National Wildlife Refuge, etc, 
which do not provide any water quality 
protection; 

(4) the waters represent an important com- 
ponent of a state or national park or for- 
est; or 

(5) the waters are of special ecological or sci- 
entific significance such as habitat for rare 
or endangered species or as areas for re- 
search and education. 

(c) Quality Standards for ORW. 
(1) Freshwater: Water quality conditions 
shall clearly maintain and protect the 
outstanding resource values of waters 
classified ORW. Management strate^es 
to protect resource values will be devel- 
oped on a site specific basis during the 
proceedings to classify waters as ORW. 
At a minimum, no new discharges or ex- 
pansions of existing discharges will be 
permitted, and stormwater controls for aU 
new development activities requiring a 
Sediment/Erosion Control Flan will be 
required as follows: 

(A) Low Density Option: Developments 
which limit single family developments to 
one acre lots and other type developments 
to 12 percent built-upon area, have no 
stormwater collection system as defmed in 
15A NCAC 2H .1002(13), and have 
built-upon areas at least 30 feet from sur- 
face water areas vviU be deemed to comply 
with this requirement. 

(B) High Density Development: Higher 
density developments will be allowed if 
stormwater control systems utilizing wet 
detention ponds as described in 15A 
NCAC 211 .1003(i), (k) and (1) are in- 
stalled, operated and maintained which 
control the runoff from all buUt-upon 
areas generated from one inch of rainfall. 
The size of the control system must take 
into account the runoff from any pervious 
surfaces draining to the system. 



More stringent requirements may be required by 
the Environmental Management Commission on 
a site specific basis. 

(2) Saltwater: Water quality conditions shall 
clearly maintain and protect the out- 
standing resource values of waters classi- 
fied ORW. Management strategies to 
protect resource values will be developed 
on a site-specific basis during the pro- 
ceedings to classify waters as ORW. At 
a minimum, new development wUl com- 
ply with the low density options as speci- 
fied in the Stormwater Runoff Disposal 
rules [16 NCAC 2H .1003 (a)(2)| withm 
575 feet of the mean high water line of the 
designated ORW area. New non- 

discharge permits will be required to meet 
reduced loading rates and increased buffer 
zones, to be determined on a case-by-case 
basis. No dredge or fiU activities will be 
allowed where significant shcUfish or sub- 
merged aquatic vegetation bed resources 
occur, except for maintenance dredging, 
such as that required to maintain access 
to existing channels and facilities located 
within the designated areas or mainte- 
nance dredging for activities such as agri- 
culture. A pubbc hearing is mandatory 
for any proposed permits to discharge to 
waters classified as ORW. 
Additional actions to protect resource values will 
be considered on a site specific basis during the 
proceedings to classify waters as ORW and will 
be specified in Paragraph (e) of this Rule. These 
actions may include anything within the powers 
of the commission. The commission will also 
consider local actions which have been taken to 
protect a water body in determining the appro- 
priate state protection options. Descriptions of 
boundaries of waters classified as ORW are in- 
cluded in Paragraph (e) of this Rule and in the 
Schedule of Classifications ( 1 5A NCAC 2B .0302 
through .0317) as specified for the appropriate 
river basin and will also be described on maps 
maintained by the Division of Environmental 
Management, 
(d) Petition Process. Any person may petition 
the Commission to classify a surface water of the 
state as an ORW. The petition shall identify the 
exceptional resource value to be protected, ad- 
dress how the water body meets the general cri- 
teria in Paragraph (a) of this Rule, and the 
suggested actions to protect the resource values. 
The Commission may request additional sup- 
porting information from the petitioner. The 
Commission or its designee will initiate public 
proceedings to classify waters as ORW or will 
inform the petitioner that the waters do not meet 



6:20 NORTH CAROLINA REGISTER January 15, 1992 



1526 



PROPOSED RULES 



the criteria for ORW with an explanation of the 
basis for this decision. The petition should be 
sent to: 

Director 

Division of {•n\ironmental Management 

P.O. lio.x 27687 

Raleigh. North Carolina 27611-7687 

The enselope containing the petition should 

clearly bear the notation: RULE-MAKING 

PE rniON EOR ORW CEASSIEICATION. 

(e) Listing of Waters Classified ORW with 

Specific Actions. Waters classified as ORW with 

specific actions to protect exceptional resource 

values are listed as follows: 



(1) 



Roosevelt Natural Area [White Oak River 
Basin, Index Nos. 20-36-9.5-( 1) and 
20-36-9. 5-(2)| including all fresh and saline 
waters within the property boundaries of 
the natural area will have only new devel- 
opment which complies with the low- 
density option in the stormwater rules as 
specified in 15A NCAC 2H .1003(a)(2) 
within 575 feet of the Roosevelt Natural 
Area (if the development site naturally 
drains to the Roosevelt Natural Area). 

(2) Chattooga River ORW .Area (Little 
Tennessee River Basin and Savannah 
River Drainage .Area): the following un- 
designated waterbodies that are tnbutarv' 
to ORW designated segments shall com- 
ply with Rule .0216(c) of this Section in 
order to protect the designated waters as 
per Rule .0203 of this Section. However, 
expansions of existing discharges to these 
segments will be allowed it there is no in- 
crease in poUutant loading: 

North and South Eowler Creeks, 
Green and Norton .Mill Creeks, 
Cane Creek, 
.\mmons Branch, 
Glade Creek, and 
Associated tributaries. 

(3) Ilenrv fork ORW Area (Catawba Ri\'er 
Basin): the following undesignated 
waterbodies that are tributary' to ORW 
designated segments shall comply with 
Rule .0216(c) of this Section in order to 
protect the designated waters as per Rule 
.0203 of this Section: 

(A) I\T Creek, 

(B) Rock Creek, and 

(C) Associated tnbutaries. 

(4) South Eork New and New Ri%ers ORW 



(A) 
(B) 
(C) 
(D) 
(E) 
(E) 



.Area (New Rner Ba^in) (Index Nos. 



Ill- 1-33.5 and 111): the folknviniz man- 



.fl216(c)(r), will be applied to protect the 
designated ORW areas: 
(A) Stc)rmwater cc)ntrols described in Rule 
.Il216(c)( 1 ) will appK within one mile and 
drainiii£ to the desmnated ORW areas: 



(B) New or expanded Nl'DLS permitted 
wastewater discharges located upstream 
of the designated ( ) R W will he permitted 
such that the following water quality 
standards arc maintained in the C J R \V 
segment: 

(i| the total \olume of treated wastewater 
for all upstream discharges combined 
will nt)t exceed 50 percent of the total 
instreain flow in the designated ORW 
under 7Q1(I conditions: 
(ii) a safety factor will be applied to any 
chemical allocation such that the 
elUuent limitation for a specific chemi- 
cal constituent will be the more strin- 



gent of either the limitaticin allocated 
under desigi conditions for the normal 
standard at_ the point of discharge, or 
the limitation allocated under design 
conditicins tor one-half the nonnal 
standard at the upstream border of the 
ORW segnent: 
(iii) a safetN factor will be applied to any 
discharge ot complex wastewater (those 
containing or potentialh containing 
toxicants I to protect for chronic toxicity 
in the C J R W segment bv setting the 
w hole effluent toxicity limitation at the 
higher (more stringent) percentage 
effluent detennined under desisn condi- 



tions for either the instream eflluent 
concentration at^ the point ot^^ dischar'je 
or tvsice the effluent concentration cal- 
culated as if the discharge were at the 
upstream border o^ the ( )R\\ seanent: 
(C) New or expanded Nl'DI S peimitted 

wastewater discharges kx'ated upstream 

of the desigiated OR W will comply with 

the lollowin^: 

(i) Owgen Consuming Wastes: 1 t'fluent 
limitations will he as follows: BOD = 
5 nm 1, and NI13-N = 2 uil! 1: 



(ii) Total Suspended Solids: Discharges 
of t(Ual suspended solids ( I'SS) will he 
limited to eflluent concentr;itions of 10 



I tor trout waters and to 20 niLi I 



for all other waters: 



(iii 



agement str:itegies, in addition to the dis- 
charge requirements specifled in Rule 



•men:ene\ Reciuirements: lailsale 
treattnent designs will he employed, in- 
cluding stand-by power capability tor 
entire treatment works. du:il tram de- 
siizn for all treatment cc)mponents. or 
equivalent failsafe treatment desiims: 



1527 



6:20 NORTH CAROLINA REGISTER Janiuuv l.\ 1992 



PROPOSED RULES 



(iv) 



Nutrients: 



Where nutrient 



overenrichment is projected to be a 
concern, appropriate effluent limita- 
tions will be set for phosphorus or ni- 
frogen, or both; 
(D) All expanded NPDES wastewater dis- 
charges upstream of^^ the designated ORW 
will he required to provide the treatment 
described in Part (e)(4)(C) of this Rule, 
except for those existing discharges which 
expand with no increase in permitted 
pollutant loading. 

(5) Editor's Sole: The proposed text for this 

Subparagraph is contained in a separate 
notice of hearing found on page 1523 in 
this issue of the Register (6:20 \CR 
1523). 

(6) Old Field Creek (New River Basin): the 
undesignated portion of Old lield Creek 
(from its source to Call Creek) shall com- 
ply with Rule .02 16(c) of this Section in 
order to protect the designated waters as 
per Rule .0203 of this Section. 

(7) f4) In the following designated waterbodies, 

no additional restrictions will be placed 
on new or expanded marinas. The only 
new or expanded NPDES permitted dis- 
charges that vviU be allowed will be non- 
domestic, non-process industrial 
discharges. 
(A) The Alligator River Area (Pasquotank 
River Basin) extending from the source 
of the Alhgator River to the U.S. High- 
way 64 bridge including New Lake Fork, 
North West Fork Alhgator Ri\er, Juniper 
Creek, Southwest Fork AUigator River, 
Scouts Bay, Gum Neck Creek, Georgia 
Bay, Winn Bay, Stumpy Creek Bay, 
Stumpy Creek, Swarm Creek (Swarin 
Creek Lake), Whipping Creek (Whipping 
Creek Lake), Grapevine Bay, Rattlesnake 
Bay, The Straits, The Fr>ing Pan, 
Coopers Creek, Babbitt Bay, Goose 
Creek, Milltail Creek, Boat Bay, Sandy 
Ridge Gut (Sawyer Lake) and Second 
Creek, but excluding the Intracoastal 
Waterway (Pungo River- Alligator River 
Canal) and all other tributar> streams and 
canals. 

(8) (4) In the foUowing designated waterbodies, 

the only type of new or expanded marina 
that will be allowed will be those marinas 
located in upland basin areas. The only 
new or expanded NPDES permitted dis- 
charges that will be allowed will be non- 
domestic, non-process industrial 
discharges. 



(A) The Northeast Swanquarter Bay Area 
including all waters northeast of a line 
from a point at Lat. 35' 23' 51" and Long. 
76° 21' 02" thence southeast along the 
Swanquarter National WUdhfe Refuge 
hunting closure boundar>' (as defmed by 
the 1935 Presidential Proclamation) to 
Drum Point. 

(B) The Neuse-Southeast Pamlico Sound 
Area (Southeast Pamlico Sound /Vrea 
(Southeast PamJico Sound Section of the 
Southeast Pamlico, Core and Back 
Sound Area); (Neuse River Basin) in- 
cluding all waters within an area dchned 
by a hne extending from the southern 
shore of Ocracoke Inlet northwest to the 
Tar- Pamlico River and Neuse River basin 
boundar>', then southwest to Ship Point. 

(C) The Core Sound Section of the South- 
east Pamhco, Core and Back Sound /Vrea 
(White Oak River Basin) including all 
waters of Core Sound, ajwl its tributaries, 
and the portion of the Atlantic Harbor 
Restnctcd /Vrea that is open to 
sheilfishing, but excluding Nelson Bay th<* 

tributaries of Jarrctt Bay that are closed 
to shellfishing. 

(D) The Western Bogue Sound Section of 
the Westem Bogue Sound and Bear Is- 
land Area (White Oak River Basin) in- 
cluding all waters within an area defmed 
by a line from Bogue Inlet to the main- 
land at SR 1117 to a line across Bogue 
Sound from the southwest side of Gales 
Creek to Rock Point, including Taylor 
Bay and the Intracoastal Waterway. 

(E) 1 he Stump Sound Area (Cape Fear 
River Basin) including all waters of Stump 
Sound and Alligator Bay from marker 
Number 17 to the westem end of 
Pemiuda Island, but excluding Rogers 
Bay, the Kings Creek Restricted Area and 
Mill Creek. 

(F) The lopsaU Sound and Middle Sound 
Area (Cape Fear River Basin) including 
all estuarine waters from New Topsail In- 
let to Mason Inlet, including the Intra- 
coastal Waterway and Howe Creek, but 
excluding Pages Creek and Futch Creek. 

(9) (4) n the following designated waterbodies, 
no new or expanded NPDES peimitted 
discharges and no new or expanded 
marinas will be allowed. 
(A) The Swanquarter Bay and Juniper Bay 
Area (Tar- Pamhco Ri\cr Basin) including 
all waters within a line beginning at 
Juniper Bay Point and rtinning south and 



6:20 NORTH CAROLINA REGISTER Janmirv 15, 1992 



I52S 



PROPOSED RULES 



then west below Great Island, then 
northwest to Shell Point and including 
Shell Bay, Swanquarter and Juniper Bays 
and their tnbutaries, but excluding all 
waters northeast of a Line from a point at 
Lat. 35° 23' 51" and Long. 76' 21' 02" 
thence southeast along the Swanquarter 
National Wildlife Refuge hunting closure 
boundary (as defined by the 1935 Presi- 
dential Proclamation) to Drum Point and 
also excluding the Blowout Canal, 
flydeland Canal, Juniper Canal and 
Quarter Canal. 

(B) The Back Sound Section of the South- 
east Pamlico, Core and Back Sound Area 
(WTiite Oak River Basin) including that 
area of Back Sound extending from Core 
Sound west along Shackleford Banks, 
then north to the western most point of 
.Middle Marshes and along the northwest 
shore of Middle Marshes (to include all 
of Middle Marshes), then west to Rush 
Point on Harker's Island, and along the 
southern shore of Marker's Island back to 
Core Sound. 

(C) The Bear Island Section of the Western 
Bogue Sound and Bear Island Area 
(WTiite Oak River Basin | including all 
waters within an area defined by a line 
from the western most point on Bear Is- 
land to the northeast mouth of Goose 
Creek on the mamland, cast to the south- 
west mouth of Queen Creek, then south 
to green marker No. 49, then northeast to 
the northern most point on Huggins Is- 
land, then southeast along the shoreline 
of Huggins Island to the southeastern 
most point of Huggins Island, then south 
to the northeastern most pomt on Dudley 
Island, then southwest along the shoreline 
of Dudley Island to the eastern tip of Bear 
Island. 

(D) The Masonboro Sound .Area (Cape 
Fear River Basin) Lncludmg all waters be- 
tween the Barrier Islands and the main- 
land from Carolina Beach Inlet to 
Masonboro Inlet. 

Statuion,: Authorily G.S. 143-214. 1. 

SECTION .0300 - .ASSIGNMENT OF STREAM 
CL.VSSIEICvnONS 

.0.^05 W.MALGA RI\ER BASIN 

(a) Places where the schedule mav be inspected: 
(1) Clerk of Court: 
Aver>' County 
\\'atau2a Countv 



(2) North Carolina Department of Natural 
Resources and Community Development 
y\sheville Regional Office 
Interchange Building 
1 59 Woodfin Street 
Ashe\LlIe, North Carolina 

(b) Unnamed Streams. Such streams entering 
the State of Tennessee are classified "C." 

(c) The Watauga River Basin Schedule of 
Classifications and Water Quality Standards was 
amended effectise: 

(1) August 12, 1979; 

(2) February I. 1 986; 

(3) October 1, 1987; 

(4) August 1. 1989; 

(5) August 1, 1990; 

(6) December 1, 1990; 
[7] August 1. 1^92. 

(d) The Schedule of Classifications and Water 
Quality Standards for the Watauga River Basin 
was amended effective July 1, 1989 as follows: 

(1) Dutch Creek (Index No. 8-11) was reclas- 
sified from Class C-trout to Class B-trout. 

(2) Pond Creek (Index No. 8-20-2) from wa- 
ter supply intake (located just abo\e 
Tamarack Road) to Beech Creek and all 
tnbutar\' waters were reclassified from 
Class WS-III to C. 

(e) The Schedule of Classifications and Water 
Quality Standards for the Watauga River Basin 
was amended etlective December 1, 1990 with 
the reclassification of the Watauga River from 
the US Highway 321 bridge to the North 
Carolma Tennessee state hnc from Class C to 
Class B. 

(f) The Schedule of Classifications and Water 
QualitN' Standards for the Watauga River Basin 
has been amended effectne August _K 1992 with 
the reclassification of Boone Fork (Index No. 
8-7) and all tnbutap.' waters from Classes C Tr 
IIQW and C HQW to Classes C Tr ORW and 
C ORW. 

Staiuton- Authorily G.S. 143-2/4. J; 143-215. 1; 
l43-2l5.3(a)(l). 

.0307 NEW Rl\ ER BASIN 

(a) Places where the schedules may be in- 
spected: 

(1) Clerk of Court: 
Alleghany County 
Ashe County 
Watauga County 

(2) North Carolina Department of Natural 
Resources and Communit\- De\elopment: 

(A) Ashevillc Regional Office 
Interchange Building 
159 Woodfin Street" 



1529 



6:20 .\ORTH CAROLL\A REGISTER Januan 15. 1992 



PROPOSED RULES 



Ashe\ille, North Carolina 
(B) Winston-Salem Regional Office 
8003 Silas Creek Parkway Extension 
Winston-Salem, North Carolina 

(b) Unnamed Streams. Such streams entering 
the State of Tennessee are classified "C". 

(c) The New River Basin Schedule of Classi- 
fications and Water Quality Standards was 
amended effective: 



(1) 
(2) 
(3) 
(4) 
(5) 
(61 
(d) 



August 10, 1980; 
April 1, 1983; 
February- 1, 1986; 
August 1, 1989; 
August 1, 1990: 
Aueust 1, 1992. 



The Schedule of Classifications and Water 
Quahty Standards for the New River Basin was 
amended effective July 1, 1989 as follows: 

(1) South Fork New River [Index No. 
10-l-(30il from Dog Creek to New River 
and all tributary waters were reclassified 
from Class C-trout and Class C to Class 
B-trout and B. 
(e) The Schedule of Classifications and Water 
Quality Standards for the New Ri\cr Basin has 
been amended effectis'e .August _L 1992 as fol- 
lows: 

( 1 ) the South Fork New River (Index No. 
10-1-33.5) from Dog Creek to the New 
Ri\er v\as reclassified from Class B IIQW 
to Class B ORW: 

(2) the New River (Index No. 10) from the 
confluence of the North and South Fork 
New Ri\ers to the last point at uhich it 
crosses the NC \'A State line was reclas- 
sified from Class C HQW to Class C 
ORW: and 

(3| Old 1-ield Creek (Index No. 10-1-22) from 
Call Creek to tjic South Fork New River, 
and CaU Creek ( Index No. 10-1-22-1) 
from its source to Old Field Creek were 
reclassified trom Class C Irout to Class 



C Trout ORW. 

Statutory Authoritv G.S. 1 43-2 1 4. 1; 143-215.1; 
l43-2l5.3(a)(l ). 

•^■k-k'k'k'k-k-k-k-k-k-kii-k-kic'k-k 



No 



otice is hereby gi\-en in accordance with G.S. 
I50B-2I.2 that the EHSR - Environmental Man- 
agement Commission intends to amend nde(s) 
cited as 15.4 SC.4C 2B .02/6 and .03/2. 

I he proposed effecti\'e date of this action is Au- 
gust /. /992. 



1 he public hearing will be conducted at 7:00 
p.m. on A/ arch 23, 1992 at the Joslyn Hall (Au- 
ditorium), Carteret Community College. 3505 
Arendell Street, Morehead City, NC. 

Ixeason for Proposed Action: To reclassify the 
.Atlantic //arbor Restricted Area in the ll'/iite Oak 
River Basin. 



Co 



■ omment Procedures: All persons interested in 
this matter are irwited to attend. Comments, 
statements, data and other information may be 
submitted in writing prior to, during or within 30 
days after the hearing or mav be presented 
verbally at the hearing. Verbal statements may 
be limited at the discretion of the hearing officer. 
Submittal of written copies of verbal statements is 
encouraged. 



F. 



iscal Sole: This Rule affects the expenditures 
or revenues of local funds. .•} fiscal note was .sub- 
mitted to the Fiscal Research Division on Decem- 
ber IS, 199/ . OSB.M on December IS. /99/. N.C. 
League of Municipa/iiies on December IS. 199/, 
and N.C. Association of County Commissioners 
on December IS. /99/. 

CH.\I'TER 2 - EN\ IRONMENT.VL 
MANAGEMENT 

SLBCHAPTER 2B - SI RFACE W.ATER 
ST.WDARDS: MONITORING 

SECTION .0200 - CLASSIFICATIONS AND 

W.ATER QL.VI ITV STANDARDS Al'PI ICABEE 

TO SURFACE W.VTERS OF NORTH CAROLINA 

.0216 OLTSTANDING RESOURCE W.VTERS 

(a) General. In addition to the existing classi- 
fications, the Commission may classify certain 
unique and special surface waters of the state as 
outstanding resource waters (ORW) upon find- 
ing that such waters are of exceptional state or 
national recreational or ecological significance 
and that the waters have exceptional water qual- 
ity while meeting the following conditions: 

(1) there are no significant impacts from pol- 
lution with the water quality rated as ex- 
cellent based on physical, chemical and or 
biological information; 

(2) the characteristics which make these wa- 
ters unique and special may not be pro- 
tected by the assigned narrative and 
numerical water quality standards. 

(b) Outstanding Resource \'alucs. In order to 
be classified as ORW, a water body must exhibit 
one or more of the followina values or uses to 



6:20 NORTH CAROLINA REGISTER January 15, 1992 



1530 



PROPOSED RULES 



demonstrate it is of exceptional state or national 
recreational or ecological significance: 

( 1 ) there are outstanding fish (or commercially 
important aquatic species) habitat and 
fisheries; 

(2) there is an unusual!) high level of water- 
based recreation or the potential for such 
recreation: 

(3) the waters have already received some 
special designation such as a North 
Carolina or National Wild and Scenic 
River, Native or Special Native Trout 
Waters, National Wildlile Refuge, etc, 
which do not provide any water quality 
protection; 

(4) the waters represent an important com- 
ponent of a state or national park or for- 
est: or 

(5) the waters are of special ecological or sci- 
entific significance such as habitat for rare 
or endangered species or as areas for re- 
search and education. 

(c) Quality Standards for ORW. 
(1) Freshwater: Water quality conditions 
shall clearly maintain and protect the 
outstanding resource values of waters 
classified ORW. Management strategies 
to protect resource \alues will be devel- 
oped on a site specific basis during the 
proceedings to classify waters as ORW. 
At a minimum, no new discharges or ex- 
pansions of existing discharges will be 
pennitted. and storm water controls for all 
new development activities requiring a 
Sediment Erosion Control Plan will be 
required as follows: 

(A) Low Density Option: Developments 
which limit single family developments to 
one acre lots and other type developments 
to 12 percent budt-upon area, have no 
stormwater collection svstem as defmed in 
15A NCAC 211 .1002(13), and have 
budt-upon areas at least 30 feet from sur- 
face water areas will be deemed to comply 
with this requirement. 

(B) High Densit}' De\elopment: Higher 
density developments wdl be allowed if 
stormwater control systems utilizing wet 
detention ponds as described in 15A 
NCAC 2H .1003(1), (k) and (1) are m- 
staUed, operated and maintained which 
control the runoft' from all built -upon 
areas generated from one inch of rainfall. 
The size of the control system must take 
into account the runotl from any pcnious 
surfaces draining to the svstem. 



More stringent requirements may be required by 
the En%ironmental Management Commission on 
a site specific basis. 

(2) Saltwater: Water qualit>- conditions shall 
clearl\' maintain and protect the out- 
standing resource \alucs of waters classi- 
fied ORW. Management strategies to 
protect resource values wiU be developed 
on a site-specific basis during the pro- 
ceedings to classify waters as ORW. At 
a minimum, new development will com- 
ply with the low density options as speci- 
fied in the Stormwater Runoff Disposal 
rules [16 NCAC 2H .1003 (a)(2)| within 
575 feet of the mean high water line of the 
designated ORW area. New non- 

discharge permits will be required to meet 
reduced loading rates and increased buffer 
zones, to be determined on a case-by-case 
basis. No dredge or fill activities will be 
allowed where significant shellfish or sub- 
merged aquatic \egetation bed resources 
occur, except for maintenance dredging, 
such as that required to maintain access 
to existing channels and facilities located 
within the designated areas or mainte- 
nance dredging for actnities such as agri- 
culture. A public hearing is mandatory 
for any proposed permits to discharge to 
waters classified as ORW. 
Additional actions to protect resource \alues will 
be considered on a site specific basis during the 
proceedings to classify waters as OR\\' and will 
be specified in Paragraph (e) of tliis Rule. These 
actions may include anslhing within the powers 
of the commission. The commission wiU also 
consider local actions which ha\e been taken to 
protect a water body in dctenruning the appro- 
priate state protection options. Descriptions of 
boundaries of waters classified as ORW are in- 
cluded in Paragraph (e) of this Rule and in the 
Schedule of Classifications (15.\ NCAC 2B .0302 
through .0317) as specified for the appropriate 
riser basin and wiU also be described on maps 
maintained by the Di\ision of l:n\ironmental 
.Management, 
(d) Petition Process. .Any person may petition 
the Commission to classify a surface water of the 
state as an ORW. The petition shall identify the 
exceptional resource value to be protected, ad- 
dress how the water body meets the general cri- 
teria in Paragraph (a) of this Rule, and the 
suggested actions to protect the resource values. 
The Commission may request additional sup- 
porting inlbrmation from the petitioner. The 
Commission or its designee will initiate public 
proceedings to classify waters as ORW or wiU 
inform the petitioner that the waters do not meet 



1531 



6:20 NORTH CAROLINA REGISTER Janmuy 15, 1992 



PROPOSED RULES 



the criteria for ORW with an explanation of the 
basis for this decision. The petition should be 
sent to: 

Director 

Division of Environmental Management 

P.O. Box 27687 

Raleigh, North Carolina 27611-7687 

The envelope containing the petition should 

clearly bear the notation: RULE-MAKING 

PETITION FOR ORW CLASSIFICATION. 

(e) Listing of Waters Classified ORW with 

Specific Actions. Waters classified as ORW with 

specific actions to protect exceptional resource 

values are listed as follows: 

(1) Rooseveh Natural /Vrea [White Oak River 
Basin, Index Nos. 20-36-9.5-(I) and 
20-36-9. 5-(2)| including all fresh and saline 
waters within the property boundaries of 
the natural area will have only new devel- 
opment which comphes with the low 
density option in the stormwater rules as 
specified in 15A NCAC 2H .1003(a)(2) 
within 575 feet of the Roosevelt Natural 
Area (if the development site naturally 
drains to the Roosevelt Natural Area). 

(2) Chattooga River ORW Area (Little 
Tennessee River Basin and Savannah 
River Drainage Area): the following un- 
designated waterbodies that are tributary 
to ORW designated segments shall com- 
ply with Rule .0216(c) of this Section in 
order to protect the designated waters as 
per Rule .0203 of this Section. However, 
expansions of existing discharges to these 
segments will be aUowed if there is no in- 
crease in pollutant loading: 

(A) North and South Fowler Creeks, 

(B) Green and Norton Mill Creeks, 

(C) Cane Creek, 

(D) Ammons Branch, 

(E) Glade Creek, and 

(F) Associated tributaries. 

(3) Henry Fork ORW Area (Catawba River 
Basin): the following undesignated 
waterbodies that are tributar,' to ORW 
designated segments shall comply with 
Rule .0216(c) of this Section in order to 
protect the designated waters as per Rule 
.0203 of this Section: 

(A) Iv7 Creek, 

(B) Rock Creek, and 

(C) Associated tributaries. 

(4) Editor's Note: The proposed text for this 

Subparagraph is contained in a separate 
notice of hearing found on page 1527 in 
this issue of the Register (6:20 NCR 
J 527 J. 



(5) Editor's Note: The proposed text for this 

Subparagraph is contained in a separate 
notice of hearing found on page 1523 in 
this issue of the Register (6:20 NCR 
1523). 

(6) Editor's Note: The proposed text for this 

Subparagraph is contained in a separate 
notice of hearing found on page 1528 in 
this issue of the Register (6:20 NCR 
I52S). 

(7) (4| In the foUovving designated waterbodies, 

no additional restrictions wiU be placed 
on new or expanded marinas. The only 
new or expanded NPDES permitted dis- 
charges that will be allowed will be non- 
domestic, non-process industrial 
discharges. 
(A) The Alhgator River Area (Pasquotank 
River Basin) extending from the source 
of the Alhgator River "to the U.S. High- 
way 64 bridge including New Lake Fork, 
North West Fork Alhgator River, Juniper 
Creek, Southwest Fork /Vlhgator River, 
Scouts Bay, Gum Neck Creek, Georgia 
Bay, Winn Bay, Stumpy Creek Bay, 
Stumpy Creek, Swann Creek (Swann 
Creek Lake), Whipping Creek (Whipping 
Creek Lake), Grapevine Bay, Rattlesnake 
Bay, The Straits, The Frying Pan, 
Coopers Creek, Babbitt Bay, Goose 
Creek, MiUtail Creek, Boat Bay, Sandy 
Ridge Gut (Sawyer Lake) and Second 
Creek, but excluding the Intracoastal 
Waterway (Pungo Ri\er-/Vlligator River 
Canal) and all other tributary streams and 
canals. 

(8) (-§4 In the foUowing designated waterbodies, 

the only type of new or expanded marina 
that will be allowed will be those marinas 
located in upland basin areas. The only 
new or expanded NPDES permitted dis- 
charges that will be allowed will be non- 
domestic, non-process industrial 
discharges. 

(A) The Northeast Swanquarter Bay /Vrea 
including all waters northeast of a hne 
from a p>OLnt at Lat. 35° 23' 51" and Long. 
76° 21' 02" thence southeast along the 
Swanquarter National WUdhfe Refuge 
hunting closure boundary' (as defmed by 
the 1935 Presidential Proclamation) to 
Drum Point. 

(B) The Neuse-Southeast Pamlico Sound 
Area (Southeast Pamlico Sound Area 
(Southeast Pamhco Sound Section of the 
Southeast Pamhco, Core and Back Sound 
Area); (Neuse River Basin) including all 
waters within an area defmed by a line 



6:20 NORTH CAROLINA REGISTER January 15, 1992 



1532 



PROPOSED RULES 



extending from the southern shore of 
Ocracoke Inlet northwest to the Tar- 
Pamhco River and Neuse River basin 
boundary, then southwest to Ship Point. 

(C) The Core Sound Section of the South- 
east Pamlico, Core and Back Sound .Area 
(WTiite Oak River Basin) mcluding all 
waters of Core Sound, aft4 its tributaries, 
and the portion of the Atlantic 1 larbor 
Restricted Area that is open to 
shellfishin". but excluding Nelson Bay A» 
jVtluntic 1 larbor R e-r trict e d Arc'a and those 
tributaries of Jarrett Bay that are closed 
to shellfishing. 

(D) The Western Bogue Sound Section of 
the Western Bogue Sound and Bear Is- 
land Area (White Oak River Basin) in- 
cluding all waters within an area defined 
by a line from Bogue Inlet to the main- 
land at SR 1117 to a line across Bogue 
Sound from the southwest side of Gales 
Creek to Rock Point, including Taylor 
Bay and the Intracoastal Waterway. 

(E) The Stump Sound Area (Cape Fear 
River Basin) including alJ waters of Stump 
Sound and Alligator Bay from marker 
Number 17 to the western end of 
Bermuda Island, but excluding Rogers 
Bav, the Kings Creek Restricted Area and 
.Mill Creek. 

(F) The Topsail Sound and Middle Sound 
Area (Cape Fear River Basin) including 
all estuarine waters from New Topsail In- 
let to Mason Inlet, including the Intra- 
coastal Waterway and Howe Creek, but 
excluding Pages Creek and Futch Creek. 

[21 (4) In the following designated waterbodies, 
no new or expanded NPDES permitted 
discharges and no new or expanded 
marinas will be allowed. 
(A) The Swanquarter Bay and Juniper Bay 
Area (Tar-Pamhco River Basin) including 
all waters within a line beginning at 
Juniper Bay Point and running south and 
then west below Great Island, then 
northwest to SheU Point and including 
Shell Bay, Swanquarter and Juniper Bays 
and their tributaries, but excluding all 
waters northeast of a line from a point at 
Lat. 35° 23' 51" and Long. 76' 21' 02" 
thence southeast along the Swanquarter 
National Wildlife Refuge hunting closure 
boundary' (as defined by the 1935 Presi- 
dential Proclamation) to Drum Point and 
also excluding the Blowout Canal, 
Hydeland Canal, Juniper Canal and 
Quarter Canal. 



(B) The Back Sound Section of the South- 
east Pamlico, Core and Back Sound Aita. 
(White Oak River Basin) including that 
area of Back Sound extending from Core 
Sound west along Shackleford Banks, 
then north to the western most point of 
.Middle Marshes and along the northwest 
shore of Middle Marshes (to include all 
of .Middle .Marshes), then west to Rush 
Point on Ilarker's Island, and along the 
southern shore of Harker's Island back to 
Core Sound. 

(C) The Bear Island Section of the Western 
Bogue Sound and Bear Island .Area 
(White Oak River Basin) including all 
waters within an area defmed by a line 
from the western most point on Bear Is- 
land to the northeast mouth of Goose 
Creek on the mainland, east to the south- 
west mouth of Queen Creek, then south 
to green marker No. 49, then northeast to 
the northern most point on Huggins Is- 
land, then southeast along the shoreline 
of Huggins Island to the southeastern 
most point of Huggins Island, then south 
to the northeastern most point on Dudley 
Island, then southwest along the shoreline 
of Dudley Island to the eastern tip of Bear 
Island. 

(D) The Masonboro Sound /Vrea (Cape 
Fear River Basin) including all waters be- 
tween the Barrier Islands and the main- 
land from Carolina Beach Inlet to 
Masonboro Inlet. 

Statutory Authority G.S. 143-214. 1. 

SKCTION .0300 - .ASSIHWIENT OF STRFAM 
CL.\SSIFIC.\TIONS 

.0312 WHITE O.VK RI\ER BASIN 

(a) Places where the schedules may be in- 
spected: 

(1) Clerk of Court: 
Carteret County 
Craven County 
Jones County 
Onslow County 

(2) North Carolina Department of Natural 
Resources and Community Development: 

(A) Washington Regional Office 
1502 North .Markel Street 
Washington, North Carohna 

(B) Wilmington Regional Office 
7225 Wrights\ille A\'enue 
Wiimineton. North Carolina 



155i 



6:20 NORTH CAROLINA REGISTER January 15, 1992 



PROPOSED RULES 



(b) The WTiite Oak River Basin Schedule of 
Classification and Water Quality Standards was 
amended effective: 

(1) December 13. 1979; 

(2) June 1, 1988: 
(3j Januarv 1, 1990; 

(4) August 1, 1990; 

(5) August 1, 1991; 
(6| August 1. 1992. 

(c) The Schedule of Classifications and Water 
Quahty Standards for the White Oak River Basin 
has been amended effective January 1, 1990 as 
follows: 

(1) Intracoastal Waterway (Index No. 19-39) 
from northeastern boundary of Cape Fear 
Ri\er Basin to Daybeacon No. 17 includ- 
ing all unnamed bays. guts, and channels, 
except Rogers Bay and .MiU Creek and 
Intracoastal Waterway (Index No. 19-41) 
from the northeast mouth of Goose Creek 
to the southwest mouth of Queen Creek 
were reclassified from Class SA to Class 
SA ORW. 

(2) Bear Island ORW .Area, which includes 
all waters within an area north of Bear 
Island dehned by a line from the western 
most point on Bear Island to the north- 
east mouth of Goose Creek on the main- 
land, east to the southwest mouth of 
Queen Creek, then south to green marker 
No. 49, then northeast to the northern 
most point on Huggms Island, then 
southeast along the shoreline of Muggins 
Island to the southeastern most point of 
Huggins Island, then south to the north- 
eastern most point on Dudley Island, then 
southwest along the shoreline of Dudley 
Island to the eastern tip of Bear Island to 
the western mouth of Foster Creek in- 
cluding Cow Channel were reclassified 
from Class SA to Class SA ORW. 

(3) Bogue Sound (including Intracoastal 
Waterway from White Oak Ri\er Basin 
to Beaufort Inlet) (Index No. 20-36) from 
Bogue Inlet to a Line across Bogue Sound 
from the southwest side of mouth of 
Gales Creek to Rock Point and all 
tributaries except Hunting Island Creek, 
Goose Creek, and Broad Creek were re- 
classified from Class SA to Class SA 
ORW. 

(4) Core Sound (Index No. 21-35-7) from 
northern boundar)' of White Oak River 
Basin (a Une from llall Point to Drum 
Inlet) to Back Sound and all tributaries 
except Atlantic Harbor Restricted .-Vrea, 
Nelson Bay, Jarrett Bay. Williston Creek, 
Wade Creek and Middens Creek were re- 



classified from Class SA to Class SA 
OKW. 
(5) Back Sound (Index No. 21-35) from a 
point on Shackleford Banks at lat. 34 de- 
grees 40' 57" and long 76 degrees 37' 30" 
north to the w estem most point of Middle 
Marshes and along the northwest 
shoreline of .Middle Marshes (to include 
all of Middle .Marshes) to Rush Point on 
Harkers Island and along the southern 
shore of Harkers Island back to Core 
Sound and all tributaries were reclassified 
from Class SA to Class SA ORW. 

(d) The Schedule of Classifications and Water 
Quality Standards for the WTiite Oak River Basin 
was amended effecti\e August 1. 1991 by adding 
the supplemental classification NSW (Nutrient 
Sensitive Waters) to all waters in the New Ri\er 
Drainage Area above a line running across the 
New River from Grey Point to a point of land 
approximately 2,200 yards downstream of the 
mouth of Duck Creek. 

(e) The Schedule of Classifications and Water 
Quality Standards for the White Oak Ri\er Basin 
has been amended effective August _F 1992 with 
the reclassification of the .Atlantic I larbor Re- 



-25-7-2) from Class 



stricted .Area (Index No. 
SC to Class SA ORW. 



Statutory Authoritv G.S. 143-214. 1: 143-215. 1; 
l43-2l5.3(a)(l). ' 

•k'k'k-k'k'k'k'k'k-k'k'k-k'k'k'k-k'k 



J\ otice is hereby given in accordance with G.S. 
I50B-2I .2 that the EH\R - Emirotimental .Man- 
agement Commission intends to amend rule(s) 
cited as ISA XCAC 2B .0309. 

1 he proposed effective date of this action is .Au- 
gust I, 1992. 

1 he public hearing will be conducted at 7:00 
p.m. on .March /S, 1992 at the Courtroom, Wilkes 
County Courthouse, Main Street. U'ilkesboro, 
\C. 



Re 



treason for Proposed Action: To reclassify Pike. 
Widows, Rich .Mountain, Basin and Bullhead 
Creeks and portions of Endicott and Little 
Endicott Creeks in the Yadkin-PeeDee River 
Basin. 



Co 



■ omment Procedures: All persons interested in 
this matter are imited to attend. Comments 
statements, data and other information may be 



6:20 NORTH CAROLINA REGISTER January 15, 1992 



1534 



PROPOSED RULES 



submitted in writing prior to, during or within 30 
days after the hearing or may be presented 
verbally at the hearing. Verbal statements may 
be limited at the discretion of the hearing officer. 
Submittal of written copies of verbal statements is 
encouraged. 

f iscal Note: This Rule affects the expenditures 
or revenues of local funds. .4 fiscal note was sub- 
mitted to the Fiscal Research Di\iuon on Decem- 
ber 18, 1991. OSBM on December 18. 1991, N.C. 
League of Municipalities on December 18, 1991, 
and .\'.C. .Association of County Commissioners 
on December IS. I99L 

chaftkr 2 - enmronmf.ntal 
mana(;emknt 

slbchapter 2b - si kfack watfr 
standards: momioring 

section .0300 - assignment of stream 
classifications 

mm VADKIN-PEE DEE Rl\ ER BASIN 

(a I Places where the schedule mav be inspected: 

(1) Clerk of Court: 
Alexander County 
Anson County 
Cabarrus County 
Caldwell County 
Da\idson County 
Davie County 
Forsylh County 
Guilford County 
Iredell County 
Mecklenburg County 
Montgomery County 
Randolph County 
Richmond County 
Rowan County 
Stanly County 
Stokes County 
Surry County 
Union County 
\\'atauga County 
WUkes County 
Yadkin County 

(2) North Carolina Department of Natural 
Resources and Community Development: 

(A) Mooresville Regional Office 
1119 North Main Street 
Mooresville, North Carolina 

(B) Winston-Salem Regional Office 
8003 Silas Creek Parkway Hxtension 
^^'inston-Salem, North Carolina 

(C) FayetteviUe Regional Office 
\\'acho\ia BuLldLng 

Suite 714 



FayetteviUe, North Carolina 
(D) Asheville Regional Office 
Interchange Building 
1 59 Woodfin Street 
Asheville, North Carolina 

(b) Unnamed Streams. Such streams entering 
Virginia are classified "C," and such streams en- 
tering South Carolina are classified "A-II." 

(c) The Yadkin- Pee Dee Ri\er Basin Schedule 
of Classifications and Water Quality Standards 
was amended effective: 

(1) February' 12, 1979; 

(2) March 1, 1983; 

(3) August I, 1985; 

(4) February I, 1986; 

(5) October 1, 1988; 

(6) March I, 1989; 

(7) Januarv 1, 1990; 

(8) Ausjust 1, 1990; 

(9) Januarv 1, 1992; 
(10) August 1, 1992. 

(d) The Schedule of Classifications and Water 
Quahty Standard for the ^'adkin-Pee Dee Ri\'er 
Basin has been amended effective October 1, 
1988 as foUows: 

(1) MitcheU River [Index No. I2-62-(li| from 
source to mouth of Christian Creek 
(North Fork .Mitchell Ri\er) including aU 
tnbutaries has been reclassified from Class 
B Tr to Class B Tr ORW. 

(2) MitcheU River [Index No. 12-62-(7)] from 
mouth of Christian Creek (North Fork 
MitcheU River) to Surry County SR 1315 
includmg aU tnbutancs has been classified 
from Class C Tr to C Tr ORW, except 
Christian Creek and Robertson Creek 
which wiU be reclassified from Class B Tr 
to Class B Ir ORW. 

(3) MitcheU River (Index No. 12-62-(12)] 
from Surry County SR 1315 to mouth of 
South Fork MitcheU River including aU 
tributaries from Class C to Class C ORW. 

(e) The Schedule of Classifications and Water 
Quality Standards for the "^'adkin-Pee Dee Ri\er 
Basin was amended effective .March 1, 1989 as 
foUows: 

(1) EUc Creek [Index Nos. I2-24-(l) and 
12-24-(10)| and all tributary waters were 
reclassified from Class B-trout, Class C- 
trout and Class B to Class B-trout ORW, 
Class C-trout ORW and Class B ORW. 

(f) The Schedule of Classifications and Water 
Quality Standards for the "^'adkin-Pee Dee River 
Basin was amended effective January 1, 1990 as 
foUows: Barnes Creek (Index No. 13-2-18) was 
reclassified from Class C to Class C ORW. 

(g) The Schedule of Classifications and Water 
QuaUty Standards for the ^'adkin-Pee Dee River 



1555 



6:20 NORTH CAROLINA REGISTER Jaimarv 15, 1992 



PROPOSED RULES 



Basin has been amended effective January 1, 
1992 as follows: 

(1) Little River |Index Nos. 13-25-(10) and 
13-25-(19)] from Suggs Creek to Densons 
Creek has been reclassified from Classes 
WS-III and C to Classes WS-III HQW 
and C HQW. 

(2) Densons Creek [Index No. 13-25-20-(l)| 
from its source to Troy's Water Supply 
Intake including all tributanes has been 
reclassified from Class WS-III to Class 
WS-III HQW. 

(3) Bridgers Creek (Index No. 13-25-24) from 
its source to the Little River has been re- 
classified from Class C to Class C HQW. 

(h) The Schedule of Classifications and Water 
Quality Standards for the New Ri\cr Basin has 



been amended effective August 
lows: 



19Q2 as fol- 



01 



Fndicott Creek [Index No. 12-63-5-(D[ 
from its source to Raven Knob I ake and 
Little Endicott Creek (Index No. 
12-63-5-2) from its source to Raven Knob 
Lake were reclassified from Class B Tr to 
Class B Fr HQW: 
Pike Creek (Index No. 



(2) Pike 



12-46-1-2) was re- 



classified from Class C Tr to Class C Tr 
ORW: 



Hi 



Basin Creek ( Index No. 12-46-2-2) was 
reclassified from Class C Tr to Class C 
Tr ORW: 



(4) Bullhead Creek (Index No. 12-46-4-2) was 
reclassified from Class C Tr to Class C 



Tr ORW; 



121 



[61 



Rich Mountain Creek (Index No. 
12-46-4-2-2) was reclassified from Class 
Tr to Class C Tr ORW: and 
Widows Creek (Index No. 12-46-4-4) was 
reclassified from Class C Tr 1 IQW to 
Class CTr ORW. 



Statutoiy Authority G.S. 143-214.1; 143-21 5.1: 
l43-2l5.3(a)(l). ' 



iS otice is hereby gh'en in accordance with G.S. 
150B-2I.2 that the DEHSR - DEM Groundwater 
Section intends to amend nde(s) cited as ISA 
NCAC 2L .0/06; .0202; and 2.\ .0707. 

I he proposed effective date of this action is May 
I. 1992. 

1 he public hearing will be conducted at 7:00 
p.m. on February 3, 1992 at the Ground Floor 



Hearing Room, Archdale Building, 512 North 
Salisbury Street, Raleigh. A'C 

ixeason for Proposed Action; The proposed 
amendments will modify corrective action re- 
quirements for ISA NCAC 2.V and ISA NCAC 
2L. A groundwater standard for Methyl Tert- 
Butyl Ether is also proposed as an atnendment to 
ISA NCAC 2L. 

(comment Procedures; Interested persons may 
contact Randy Prillaman at (919) 733-3221 for 
more information regarding these rules. Written 
comments will be received for 30 days after pub- 
lication of the notice. .Mail written comments to; 
Randv Prillaman. DEHNR-DEM Groundwater 
Section, P.O. Box 29535, Raleigh, N.C. 
2^626-0535. 

CHAPTER 2 - ENVIRONMENTAL 
MANAGEMENT 

SLBCMAPTER 2L - GROUNDWATER 
CL.\SSIFICATION AND STANDARDS 

SECTION .0100 - GENERAL CONSIDER.ATIONS 

.0106 CORRECTIVE ACTION 

(a) The goal of actions taken to restore 
groundwater quality shall be restoration to the 
level of the standards, or as close thereto as is 
economically and technologicaUy feasible. 

(b) Any person conducting or controlling an 
activity which results in the discharge of a waste 
or hazardous substance or oil to the 
groundwaters of the state, or in proximity 
thereto, shall take immediate action to terminate 
and control the discharge, mitigate any hazards 
resulting from exposure to the pollutants and 
notify the Department of the discharge. 

(c) .Any person conducting or controlling an 
activity which results in an increase in the con- 
centration of a substance in excess of the 
groundwater standard: 

(1) as the result of acti\ities, other than agri- 
cultural operations, not permitted by the 
state, shall assess the cause, significance 
and extent of the violation; submit a plan 
for eliminating the source of contam- 
ination and for restoration of groundwater 
quaUty; and implement the plan » at- 
cordanco vsith a Spcciul Ordor bv Conr . unt 
»f a Special Order e4^ t+H» CommiL .' .ion. 
as approved by, and in accordance with a 
schedule and fomiat estabfishcd by. the 
Director. 



(2) as a result of acti\ ities conducted under the 
authority of a permit issued by the state. 



6:20 NORTH CAROLINA REGISTER January L\ 1992 



1536 



PROPOSED RULES 



shall, where such concentrations are de- 
tected: 

(A) at or beyond a review boundan, dem- 
onstrate, through predictive calculations 
or modeling, that natural site conditions, 
facility design and operational controls 
\\ ill prevent a violation of standards at the 
compliance boundary; or submit a plan 
for alteration of existing site conditions, 
facility design or operational controls that 
will prevent a violation at the compliance 
boundary, and implement that plan upon 
its approval by the Director. 

(B) at or beyond a compliance boundary, 
shall, assess the cause, significance and 
extent of the violation of groundwater 
quality standards and submit the results 
of the investigation and a plan for 
groundwater quality restoration to the 
Director. lpt)n appro' , ul J»y i^ Director, 
A«» The pcnnittee shall implement the 
plan ift Qocordancti wrtb » Spcciul Order 
by Conoont of a Spocial Ordor &f A# 
Commir . oion. as appro\cd bv. and in ac- 
cordance with a schedule and format es- 
tablished b\ . the Director. 



(d) In the evaluation of remedial action plans, 
the Director shaU consider the extent of any vio- 
lations, the extent of any threat to human health 
or safety, the extent of damage to the environ- 
ment, technolog)' available to accomplish resto- 
ration and the public and economic benefits to 
be derived trom groundwater quality restoration. 

(e) The Director may authorize the discontin- 
uance of remedial action to restore groundwater 
quality to the level of the standard upon a dem- 



onstration by the responsible party to the Direc- 
tor that continuance would not result in 
significant reduction in the concentration of 
contaminants. In the consideration of a request 
to discontinue remedial actions, the Director 
shall consider the duration and degree of success 
of remedial efforts, the feasibility of other treat- 
ment techniques which could result in further 
reduction of contaminant Ie\els, and the effect 
on groundwater users if contaminants remain at 
levels existing at the time of termination of re- 
medial action. 

(f) Upon a determination by the Director that 
continued remedial actions would result in no 
significant reduction in contaminant concen- 
trations, the responsible party shall petition for a 
variance or a reclassification of the impacted 
groundwaters. 

(g) \Miere groundwater quahty standards are 
exceeded as a result of the application of pesti- 
cides or other agricultural chemicals, the Director 
shall request the Pesticide Board or the Depart- 
ment of Agriculture to assist the Division of En- 
vironmental Management in determining the 
cause of the violation. If the violation is deter- 
mined to have resulted from the use of pesticides, 
the Director shall request the Pesticide Board to 
take appropriate regulatory action to control the 
use of the chemical or chemicals responsible for, 
or contnbutmg to, such violations, or to discon- 
tinue their use. 

Statuton' Authority G.S. 143-215.2: 

1 43-2 1 5. 3 { a I ( /); M3B-282. 



SF:CI ION .0200 - Cl.ASSIFlCAI IONS .\ND W.VTF.R Ql ALITY STANDARDS 

.0202 MATKR Ql ALITY STANDARDS 

(a) The water quality standards for the groundwaters of the state are those specified m this Rule. 
They are the maximum allowable concentrations resulting from any discharge of contaminants to the 
land or waters of the state, which may be tolerated without creating a threat to human health or which 
would otherwise render the groundwater unsuitable for its intended best usage. Where groundwater 
quality standards have been exceeded due to man's activities, restoration efforts shall be designed to 
restore groundwater quality to the level of the standard or as closely thereto as is practicable. 

(b) The maximum allowable concentrations for contaminants specified in Paragraphs (g) and (h) of 
tliis Rule shaU be as listed, except that: 

( 1 1 Where the ma.ximum allowable concentration of a substance is less than the limit of 
detectability, the substance shall not be permitted in detectable concentrations. 

(2) Where two or more substances exist in combination, the Director shaU consider the effects of 
chemical interactions and may establish maximum concentrations at values less than those es- 
tablished in accordance with Paragraphs (c) and (g) of this Rule. In the absence of information 
to the contrary, the carcinogenic nsks associated with carcinogens present shall be considered 
additive and the toxic effects associated with non-carcinogens present shaU also be considered 
additive. 

(3) Where naturaUy occurring substances exceed the established standard, the standard will be the 
naturallv occurrina concentration as determined bv the Director. 



1537 



6:20 i\ORTH CAROLINA REG EST ER Jamuiiy 15, 1992 



PROPOSED RULES 



(c) Substances which are not naturally occurring and for which no standard is specified shall not be 
permitted in detectable concentrations in Class GA or Class GSA groundwaters. Any person may 
petition the Director to estabhsh an interim maximum allowable concentration for an unspecified 
substance, however, the burden of demonstratmg those concentrations of the substance which corre- 
spond to the le\els described in Paragraph (d) of this Rule rests with the petitioner. The petitioner shall 
submit aU toxicological and epidemiological data, study results, and calculations necessan. to estabhsh 
a standard in accordance with the procedure prescribed in Paragraph (d) of this Rule. Within three 
months after the establishment of an interim maximum allowable concentration for a substance by the 
Director, the Director shall initiate action to consider adoption of a standard for that substance. 

(d) Maximum allowable concentrations for substances in Class GA and Class GSA waters are es- 
tabhshed as the lesser of 

(1) Systemic threshold concentration calculated as follows: (Reference Dose (mg, kg/dayj x 70 kg 
(adult body weight) x Relative Source Contribution (.10 for inorganics; .20 for organics)] / [2 
hters'day (avg. water consumption)); 

(2) Concentration which corresponds to an incremental Lifetime cancer risk of 1x10^ ; 

(3) Taste threshold limit value; 

(4) Odor threshold limit value; 

(5) Ma.ximum contaminant level; or 

(6) National sccondan,' drinking water standard. 

(e) The following references, in order of preference, shall be used in establishing concentrations of 
substances which correspond to le\'els described in Paragraph (d) of this Rule. 

(1) Intearated Risk Infonnation Svstem (U.S. EPA). 

(2) Health Advisories (U.S. LPA Office of Dnnking Water). 

(3) Other health risk assessment data published by U.S. EPA. 

(4) Other appropriate, published health risk assessment data. 

(f) Water quality standards specified in Paragraphs (g) and (h) of this Rule and interim maximum 
allowable concentrations established pursuant to Paragraph (c) of this Rule shall be re\iewed on a 
biennial basis. Appropriate modifications to estabhshed standards will be made in accordance with the 
procedure prescribed in Paragraph (d) of this Rule where modifications are considered appropriate 
based on data pubhshed subsequent to the previous review. 

(g) Class GA Standards. Where not otherwise indicated, the standard refers to the total concentration 
in milhgrams per liter of any constituent. 

(1) acpilamide (propenamide): 0.00001 

(2) arsenic: 0.05 

(3) barium: 1.0 

(4) benzene: 0.001 

(5) bromoform (tribromomethane): 0.00019 

(6) cadmium: 0.005 

(7) carbofuran: 0.036 

(8) carbon tetrachloride: 0.0003 

(9) chlordane: 2.7 x 10" 

(10) chloride: 250.0 

(11) chlorobenzene: 0.3 

(12) cliloroform (trichloromethane): 0.00019 

(13) 2-chlorophenol: 0.0001 

(14) chromium: 0.05 

(15) cis-l,2-dichloroethene: 0.07 

(16) coliform organisms (total): 1 per 100 miUihters 

(17) color: 15 color units 

(18) copper: 1.0 

(19) cvanide: 0.154 

(20) 2. 4-D (2,4-dichloropheno.\y acetic acid): 0.07 

(21) 1.2-dibromo-3-chloropropane: 2.5 x 10"' 

(22) dichlorodilluoromethane (Ercon-12; Ilalon): 0.00019 

(23) 1,2-dichloroethane (ethylene dicliloride): 0.00038 

(24) 1,1-dichloroethylene (\-in\iidene chloride): 0.007 

(25) 1,2-dichloropropane: 0.0(3056 

(26) p-dioxane (1,4-diethylene dioxide): 0.007 



6:20 NORTH CAROLINA REGISTER Janitary 15, 1992 153S 



PROPOSED RULES 



(27 
(28 
(29 

(30 
(31 
(32 
(33 
(34 
(35 
(36 
(37 
(38 
(39 
(40 
(41 
(42 
(43 
(44 
(45 
(46 
(47 
(48 
(49 

m. 

(52 
(53. 
(54 

(56: 

(57: 

(5S 

(59 

( 6(1 

(61 

(62 

(63.) 

(64 

[65) 

(66 

167) 

(68) 

(69 

(70 

HI 

HI 

(73 



dioxin: 2.2 x 10'° 

dissolved solids (total): 500 

endnn: 0.0002 

epichlorohydrin (l-ch]oro-2,3-epoxypropane): 0.00354 

ethylbeazcne; 0.029 

ethylene dibromide (EDB; 1,2-dibromoethane): 0.05 x 10'^ 

cth\lene glycol: 7.0 

flouride: 2.0 

foaming agents: 0.5 

gross alpha particle activity (including radium-226 but excluding radon and uranium): 15 pCi 1 

heptachlor: 7.6 x 10^ 

heptachlor epoxide; 3.8 x 10'^ 

hexachlorobenzene (perchlorobenzene): 0.00002 

n-hexane: 14.3 

iron: 0.3 

lead: 0.05 

Imdane: 2.65 x 10'^ 

manganese: 0.05 

mercun.': 0.001 1 

metadichlorobenzene ( 1,3-dichloroberLzene): 0.62 

methoxychlor: 0.1 

methylene chlonde (dichloromethane): 0.005 

methyl ethyl ketone (.MliK: 2-butanone): 0.17 

methvl tert-butvl ether: 0.05 



f4Uf nickel: 0.15 

(44^ nitrate: (as N) 10.0 

(4^ nitrite: (as N) I.O 

f4i+ orthodichlorobenzene ( 1,2-diclilorobenzene): 0.62 

(44-^ o.xamyl: 0.175 

{44^ paradichlorobenzene ( 1.4-dichlorobenzene): 0.0018 

(44} pentachlorophenol: 0.22 

(4^ pH: 6.5 - S.5 

f4S-^ radium-226 and radium-228 (combined): 5 pCil 

(4% selemum: 0.0 1 

f4iH silver: 0.05 

(444 stvrene (ethenvlbenzene): 1.4 x 10'^ 

(42} suliate: 250.0 " 

f4H tetrachloroethyiene (perchloroethylene; PCE): 0.0007 

(44} toluene (methylbenzene): 1.0 

(-64} toxaphene: 3.1 x 10" 

(44} 2, 4, 5.-TP (Silvex): 0.01 

(4?^ trans-l,2-dichloroethene: 0.07 

f4!v} I.I.l-trichloroethane (methyl chloroform): 0.2 

y^ tnchloroethylene (TCL): 0.0028 

4^ \inyl chloride (chloroethylene): 1.5 x 10' 

(44-} .xylenes (o-, m-. and p-): 0.4 

PO} zmc: 5.0 

(h) Class GSA Standards. The standards for this class shall be the same as those for Class GA except 
as follows: 

(1) chloride: allowable increase not to exceed 100 percent of the natural quality concentration. 

(2) total dissolved solids: 1000 ma 1. 
(i) Class GC Waters. 

(1) The concentrations of substances which, at the time of classification exceed water quality 
standards, shall not be permitted to increase. For all other substances, concentrations shall not 
be caused or permitted to exceed the established standard. 

(2) The concentrations of substances which, at the time of classification, exceed water quality 
standards shall not cause or contribute to the contravention of groundwater or surface water 
quahty standards in adjoining waters of a different class. 



1539 6:20 NORTH CAROLIISA REGISTER Juntiurr 15, 1992 



PROPOSED RULES 



(3) Concentrations of specific substances, which exceed the established standard at the time of 
classification, shall be listed in Section .0300 of this Subchapter. 



Statuton: Authority G.S. 143-2 1 4. 1: 1438-282(2). 

SI BCIIAPTF.R 2N - L NnF.R(;ROlJ\n 
STORAGE TANKS 

SECTION .0700 - RELEASE RESPONSE 

ANO CORRECTIVE ACTION FOR LST 

SYSTEMS CONTAINING PETROI.ELM OR 

IIAZARDOLS SLBSTANCF:S 

.0707 CORRECTIVE ACTION PLAN 

The provisions for a "Corrective action plan" 
contained in 40 CTR 280.66 (Subpart F) have 
been adoptod incorporated by reference including 
any subsequent amendments and editions with 
the exception of the foUowins Paragraph. This 
matenal is available tor inspection at the De- 
partment of 1 nvironment. Health, and Natural 
Resources. Di\ision of rinironmcntai Manage - 
ment, Ciroiindwatcr Section, .^12 North Salisburv 



No 



Street, Raleigh, North (,'arolina. Copies of 40 
CI R Parts 26(1 to 222 mav be obtained from the 
Superintcndant of Documents, Cio\cnHnent 
Pnnting Office, Washington, DC. 211402 at a 
cost of thirty one dollars (!i31.00). m- accordance 
w+tfeGrJv LSdIJ M(c), excL ' pt Owt^ 
(4^ 40 CFR 280.66(a) has been rewritten to read: 
"At any point after rcviewmg the infomiation 
submitted in compliance v\ith 4(1 (T'R 280.61 
through 40 CFR 280.63, the Di\ision may re- 
quire owners and operators to submit additional 
information or to develop ;md submit a correc- 
tive action plan for responding to contaminated 
soils and groundwater. If a plan is required, 
owners and operators must prepare a plan in ac- 
cordance with the requirements specified in 15A 
NCAC 2L .0106, and submit it according to a 
schedule and format established by the Division. 
Owners and operators are responsible for sub- 
mitting a plan that pro\ides for adequate pro- 
tection of human health and the environment as 
determined by the Division, and must modify 
their plan as necessary to meet this standard". 

(^ fft 444 GWR- 2S0.66(c> fe^ weftk "r . chedulc 
aft4 i» a fomnat L ' i . tabli '. hud bv tt»t^ impk ' 
m e nting agency." a*e ropkicod l*¥ {+«» wordf . 
" '' pocial order. coni i eiU ' jpecial order, ef 
iiimiliir docum e nt. ' 

Statuton Authoritv G.S. 143-2l5.3(a)( 15); 
l43B-2S2{2){h). 



otice is hereby given in accordance with G.S. 
1 503-21. 2 that the EHNR - Etrvironmental Man- 
agement Commission intends to amend rule(s) 
cited as I5A NCAC 2M .0/02; .0303; .0602 - 
.0604: .070/ - .0702. 



Th 



he proposed effecti\'e date oj this action is June 
/, /992. 

1 he public /tearing wi/l be conducted at 2:00 
p.m. on I'cbruary 27, /992 at the .Archda/e Bui/d- 
ing, Ground Eloor I /earing Room, 5/2 N. 
Salisbury Street. Ra/eigh, NC. 

JXeason for Proposed Action: T/\ese ndes are 
being amended to implement SB. 344 which 
transferred t/ie Clean Water Revolving Loan and 
Grant Program to t/ie Department of Environ- 
ment, f/ealth, and Natural Resources: to update 
the name of the recei\'ing agency: o.nd to provide 
clarification of text. 



c 



omment Procedures: A ny person or organiza- 
tion desiring to make oral comments at t/ie hear- 
ing should register to do so at t/ie hearing. 
Statements will be limited to /O minutes, and one 
typewritten copy of any such statement .f/iould be 
submitted to the panel conducting t/ie hearing. 
Any additiona/ comments should be fonvarded to 
the /division of Emironmental .\/anagement by 
.March 4. /992 at the following address: 

Division of Environmental Management 

Attention: Coy M. Batten 

l\ O. Box 29535 

Raleigh. North Carolina 27626-0535 

Telephone: (919) 733-6900 

chapi er 2 - en \ i ron mental 
mana(;ement 

sibciiapier 2m - noriii carolina 

W.VTER POLLLTION CONTROL RE\ OL\ ING 
FUND 

SECTION .0100 - GENERAL PROVISIONS 

.0102 DEFINILIONS 

In addition to the definitions in G.S. 1.^9G-3, 
the following definitions will apply to tliis Chap- 
ter: 



6:20 NORTH CAROLINA REG ESTER ./amuiiy E\ 1992 



1540 



PROPOSED RULES 



(1) "Act" means North Carolina Clean Water 
Re\ol\ing Loan and Grant Act of 1987, 
G.S. 159G. 

(2) "Award" means the offer by the receiving 
agency to enter into a loan commitment for 
a specified amount. 

(3) "Award of contract" means the award by 
the loan recipient to a contractor of a con- 
tract to construct the project as bid. 

(4) "Bid" means the amount of money for 
which a contractor offers to constnict a 
project. 

(5) "Contingency costs" means unforeseen 
costs or situations not included in the esti- 
mate of project costs. 

(6) "Commitment" means a binding agree- 
ment to pay loan funds at intervals as ex- 
penses are incurred. 

(7) "Date of Completion" means the date on 
which operations of the treatment works are 
initiated or capable of being initiated, 
whichever is earher. 

(8) "FnN'ironmental Protection Agency" 
means the Federal agency established pur- 
suant to Reorganization Plan No. 3 of 1970, 
effective December 1, 1970. 

(9) "Federal capitalisation grant" means a 
grant by the Environmental Protection 
Agency to the state for the purpose of pro- 
viding loan funds to finance publicly owned 
wastewater facilities. 

(10) "Federal Clean Water Act" (CWA) means 
the Act of Congress designated as P.L. 
92-500, approved^ October 18, 1972, as 
amended from time to time. 

(11) "Inspection" means inspection or in- 
spections of a project to detennine percent- 
age completion of the project: conformance 
with plans and specifications; and compli- 
ance with applicable federal, state, and local 
laws. 

(12) "Intended Use Plan" means an annual 
plan to identify the proposed uses of the 
amounts available in the Water Pollution 
Control Re\ol\"ing Fund. 

(13) "Project" means the work described in the 
apphcation for a loan under this Chapter. 

(14) "Receiving Agenc\ " means the Con- 
struction Grants and I oans Section of the 
I^ivision of Fn\ironmental Management. 

Slatutoij Aut/ioriiy G.S. /59G-x- /59G-/5. 

SKCriON .(OOO - Kl ICIBILITY 
RKQLIRKMKMS 

A)M\} 1 IMirvnON Of- FOANS 



The maximum piincipal amount of loan from 
any fiscal year's alkKation made to any one local 
government unit dunng ww fi '. cal yewf shall be 
seven and one-half million dollars ($7,500,000). 

Statutory Authority G.S. /59G-5(c); I59G-I5. 

SECTION .0600 - LOAN AWARD: 

COMMITMEM: AM) DISBl RSF.MENT OF 

LOANS 

.0602 CERTIFICATION OF EFIGIBIFITY 

(a) 'Fhe receiving agency shall fonvard te- tk% 
Offico ei Stat e ikidg e t aH4 Munagemont create a 
certificate of ehgibility afni notification of com 
mitmont for each application for which a loan 
commitment has been made. 

(b) I'he certificate of eligibihty shall indicate 
that the apphcant meets all eligibihty criteria and 
that all other requirements of the Act and of the 
rules governing the account ha\'e been met. 

(c) The notificuti(tn t4' commitmL ' nt certificate 
of eligibility shall also indicate the amount and 
the fiscal year of the loan commitment. 

Statutoiy Authority G.S. I59G-I2: I59G-I5. 

.0603 CRITERIA FOR I O AN ADJUSTMENTS 

f») L'pon receipt of bids the debt instrument is 
negotiated. It may adjust the loan commitment 
as follows: 

(1) The loan commitment may be decreased, 
pro^ido pro\ided the project cost as bid is 
less than the .estimated project cost, and the 
receiving agency appro\'es the loan commit- 
ment decrease. 

(2) Loan commitments may be increased, to a 
maximum of 4-0 percent e* fi\e hundred 
thousand dollars ($500,000), whichevor » 
great e r. pro\ided: 

(a) frV^ the project cost as bid is greater than 

the estimated project cost: 

(b) fft^ the project as bid is in accordance with 

the project for which the loan commit- 
ment was made: 

(c) fC^ the recei\ing agency has re\iewed the 

bids and determined that substantial cost 
savings would not be a\-ailable through 
project revisions without jeopardizing the 
integrity of the project: and 

(d) fP-f adequate funds are available Ln the ac- 

count from which the loan was awarded: 
fb-^ (e) increases greater than 10 percent of the 
loan commitment shall be approved by 
the I ocal C}o\emment (\immission and 
the Office t^f Stat e Budget »ft4 Manag e 
ment . Fn\ironmental .Manaizement 

Commission. 



1541 



6:20 NORTH CAROLINA REGISTER Janiuuy 15, 1992 



PROPOSED RULES 



Statiaoty Authority G.S. I59G-I2: I59G-I5. 

.0604 DISBL RSEMEM OF LOANS 

(a) Disbursement of loan monies shall be made 
at intervals as work progresses and expenses are 
incurred. No disbursement shall be made until 
the receiving agency receives satisfactory" doc- 
umentation of incurred costs. At no time shall 
disbursement exceed the allowable costs which 
have been incurred at that time. 

(b) Project inspection will confirm work 
progress, and a fmal inspection is required prior 
to fmal disbursement of loan monies. 

(c) The recei\ing agency will notify the Offico 
©f Stati? Budgijt aft4 ManagoniL'nt Fiscal Man- 
agement Office of the Department of Fnxiron- 
ment. Flealth. and Natural Resources to make 
loan disbursements. A check in the amount of 
the disbursement authorized by the receiving 
agency will be fonvardod written to the loan re- 
cipient by the OtTico ef Stato Rudgot afi4 Man 
agcmcnt . Fiscal Management Office Tb* 
rocL'i' i ing agoncy wtH- 1*»» notiliL ' d ^^ A^ OlTic i ? ei 
Stat e Budg e t afhi .Managomont t» di 'i burr i omontr . 
ape mado. and for\\arded to the loan recipient 
bv the recei\insz atzcncv. 



Statutory 
I59G-I5. 



Authoritv G.S. l59G-5(c): I59G-I2: 



SECTION .0700 - I.O.AN REP.WMENTS 

.070 i INTEREST RATES 

The interest rate to be charged on loans under 
this Chapter will be set on March 3 1 of each year 
at the lesser of four percent per annum or one- 
half the prevailing national market rate as derived 
from the Bond Bu\er's 20-Bond Index in ac- 
cordance with G.S. 159G-4(c). Fhe interest rate 
wlU be the same for all new loans awarded ap- 
proved from this account during afty given fu . oul 
year, for the following 12 months. 

Statuton Authoritv G.S. 159G-4(c): l59G-5(c); 
159G-I5. 

.0702 REP.V^MENT OF PRINCIPAL 
.\ND INTEREST ON LOANS 

(a) The debt instrument setting the terms and 
conditions of repayment of loans under this 
Chapter will be established after the receipt of 
bids. Adjustments to the loan ma\' only be made 
under Rule .0603 of this Chapter. 

(b) The ma.ximum maturity' on any loan under 
this Chapter shall not exceed 20 years. 



(c) Interest on the debt instrument shall begin 
to accrue on the original date that a project's 
contracts are scheduled to be completed. Ex- 
tensions of this deadline are not allowed. 

(d) AH principal payments will be made annu- 
ally on or before May 1. The first principal 
payment is due not earlier than six months after 
the date of completion of the project. 

(e) AH interest payments will be made semian- 
nually on or before .May 1 and No\ember 1 of 
each year. The first interest payment is due not 
earlier than six months after the date of com- 
pletion of the project. 

(f) All principal and interest payments shall be 
made pa\able to the Water Pollution Control 
Re\ohing F'und, and submitted to the OlTic e »f 
Stato BudgL't aft4 Munagoinont. recei\ing 
agency. 



Statutoiy Authority 
J59G-J8. 



G.S. 159G-13; I59G-I5; 



■k*-k-k-k-k-k-k***-k*-k-k-k** 



No 



otice is hereby given in accordance with G.S. 
I50B-2I.2 that the Xorth Carolina Wildlife Re- 
sources Commission intends to amend rule(sj 
cited as 15 \CAC IOC .0305. 

1 he proposed effective date of this action is April 
/, 1992. 

1 he public hearing will be conducted at 10:00 
a.m. on January 30, 1992 at Room 3S6. Archdale 
Building. 512 N. Salisbury St., Raleigh. ,VC 
2^604-1/88. 

ixcason for Proposed Action: To provide con- 
sistent creel and size limits and seasons for striped 
bass and consistent creel and size limits for red 
drum. 



Co 



omnient Procedures: Interested persons may 
present their views either orally or in writing at the 
hearing. In addition, the record of hearing will 
be open for receipt of written comments from 
January 15, 1992 to February 15, 1992. Such 
written comments must be deli\ered or mailed to 
the \.C. Wildlife Resources Commission. 5J2 X. 
Salisbuty St., Raleigh, AC 27604-1 1 SS. 



CHAPTER 10 - WII DLIFE RESOURCES AND W.VTER SAFETY 
SUBCHAPTER IOC - INLAND FISHING REGULATIONS 



6:20 NORTH CAROLINA RECUSTER Jaiwary L5, 1992 



1542 



PROPOSED RULES 



SECTION .0300 - G.WIE FLSil 



.0305 OPEN SEASONS: CREEL AND SIZE LIMITS 

(a) Generally. Subject to the exceptions listed in 
creel and size limits are as indicated in the following 



GAML FISHES 



DAILY CREEL 
LIMITS 



Paragraph (b) of this Rule, the open seasons and 
table': 

MINIMUM 
SIZE LIMITS OPEN SEASON 



Mountain Irout: 
Wild Trout 
Waters 

Hatchep.' Sup- 
ported Trout 
Waters 



Muskellunge 
and Tiger Musky 

Chain Pickerel 
(Jack) 



Walleye 



Sauaer 



2 

None 

8 

(exes. 9 & 10) 

8 



7 in. 
(exc. 15) 

None 



30 in. 



None 



None 
(exc. 9) 

15 in. 



All year 
(exc. 2) 

All )ear, except 
March 1 to 7:00 a.m. 
on first Saturday 
in April 
(exes. 2 & 3) 

ALL YEAR 



ALL YEAR 



ALL YEAR 



ALL YEAR 



Black Bass: 
Lareemouth 



Smallmouth 
and Spotted 



(exc. 10) 



(e.\c. 10) 



14 m. 
(exes. 4, 
8& 11) 

12 in. 

(exes. 4, 
8& 11) 



ALL YEAR 

(e.xc. 13) 



ALL YEAR 



White Bass 


25 




None 


ALL YEAR 


Sea I'rout (Spot- 
ted or Speckled) 


None 




12 m. 


ALL YEAR 


Flounder 


None 




13 in. 


ALL YEAR 


Red drum (channel 
bass, red fish, 
puppy drum) 


None 




14 m. 


ALL YEAR 


Stnped Bass 
and their hybrids 
(Moronc Hybrids) 


8 aggregate 
(exes. r& 6) 


16 in. 
(exes. 1, 
6& 12) 


ALL YEAR 
(exes. 6 & 16) 


Kokance Salmon 


7 




None 


ALL YEAR 


Panfishes 


None 
(exes. 


5 & 14) 


None 
(exc. 14) 


ALL YEAR 

(exc. 5) 



154i 



6:20 SORTH CAROLINA REGISTER Janiunv 15, 1992 



PROPOSED RULES 



NONGAME FISHES None None ALL YEAR 

(exc. 7) 

(b) Exceptions 

(1) In the Dan Ri\er upstream from its confluence with Bannister River to the Brantly Steam Plant 
Dam, and in John H. Kerr, Gaston, and Roanoke Rapids Reservoirs, the creel limit~on striped 
bass and Morone hybrids is four m the aggregate and the minimum size limit is 20 inches. 

(2) In designated public mountain trout waters the season for taking all species of fish is the same 
as the trout fishing season. There is no closed season on taking trout from Nantahala River and 
all tributaries (excluding impoundments) upstream from Nantahala Lake, and the impounded 
waters of power reservoirs and municipally-owned water supply reservoirs open to the public for 
fishing. 

(3) Under an agreement with Tennessee, the minimum size limit on trout in Caldcrwood Reservoir 
is seven inches. 

(4) Bass taken from streams designated as public mountain trout waters or from Caldcrwood Res- 
ervoir may be retained without rcstnction as to size limit. 

(5) On Mattamuskeet Lake, special federal regulations apply. 

(6) In the inland fishing waters of Cape Eear, Neuse and Tar Rivers and their tributaries extending 
upstream to the first impoundment, the daily creel limit for striped bass and their hybrids is one 
fish and the minimum length limit is 18 inches. In the Roanoke River up to the fixst 
impoundment, from July 1 through March 31 and June 1 through June 30 the daily creel limit 
for stripped bass is one fish and the minimum length Umit is 18 inches: from April 1 to .May 31 
the daily creel limit is three fish, no fish between the lengths of 22 inches and 27 inches may be 
retained, and the minimum length limit is 16 inches, except no fish may be retained in Roanoke 
River and its tributaries including Cashie, Middle and Eastmost rivers from May 1 to December 
31, 1991. 

(7) See 15A NCAC IOC .0407 for open seasons for taking nongame fishes by special de\ices. 

(8) The maximum combined number of black bass of all species that may be retained per day is 
five fish, no more than two of which may be smaller than the appUcable minimum size limit. 
The minimum size limit for all species of black bass is 14 inches, \sith no exception in Lake Luke 
Marion in Moore County, in Reedy Creek Park lakes in Mecklenburg County, and in Currituck 
Sound and tributaries north of Wright Memorial Bridge; in North Ri\'cr and tributaries in 
Currituck and Camden Counties north of a line between Camden Point and the end of SR 1124. 
In and west of Madison, Buncombe, Henderson and Polk Counties the minimum size limit is 
12 inches. In B. Everett Jordan Reservoir a minimum size limit of 16 inches, with no exception, 
applies to largemouth bass. In Ealls of Neuse Rescr\'oir, east of SR 1004. Sutton Lake and 
Tuckertown Lake no black bass between the lengths of 12 inches and 16 inches may be retained, 
and the minimum size limit for black bass is 16 inches, except that the daily creel may contain 
two black bass of less than 12 inches in length. In W. Kerr Scott Reser\air there is no minimum 
size limit for spotted bass. 

(9) A minimum size limit of 15 inches applies to walleye taken from Lake James and its tributaries, 
and the daily creel Umit for walleye is four fish in Lin\ille River upstream from the NC 126 
bridge above Lake James. 

(10) The creel limit for black bass and walleye taken from Caldcrwood Reservoir is 10. 

(11) The minunum size limit for all black bass, with no exception, is 18 inches in the following 
trophy bass lakes: 

(A) Cane Creek Lake in L'nion County: and 

(B) Lake Thom-A-Lex in Davidson County. 

(12) In all impounded iiJand waters and their tributaries, except those waters described in E.\- 
ccptions (1). the daily creel limit of striped bass and their hybrids may include not more than 
two fish of smaller si/e than the minimum size limit. 

(13) In Cane Creek Reservoir (Orange County) the season for taking largemouth bass is closed. 

(14) In Lake Tillery, Falls Lake, Badin Lake, and Tuckertown Lake a daily creel limit of 20 fish and 
a minimum size limit of 8 inches apply to crappie. 

(15) In Slick Rock Creek the minimum size is 7 inches for brook trout and 10 inches for brown and 
rainbow trout. 



6:20 NORTH CAROLINA REGISTER January 15, 1992 1544 



PROPOSED RULES 



(16) In designated inland fishing waters of Roanoke Sound, Croatan Sound, Albemarle Sound, 
Chowan River, Currituck Sound, Alligator River, Scuppcmong Ri\er. and their tnbutaries (ex- 
cluding the Roanoke River and Cashie River and their tributaries), stnped bass fishing season, 
size limits and creel limits shall be the same as those established by duly adopted rules of i* 

TT7TT^"^T TmnT tlU I Ul-V^ III [I'll 11 \J 1 CTTnTTTTTT I IT* 1 1 iiTZi, '' \J.l\Jl U UIV ^T^T^^^T ^^T rTT^^TTT Ul l\A LLl i\J 1 1^*1 LII 1 C^ HJl ^TTT^^^^J 

bass b¥ the Marine I'isheries Commission. 



SuHuton Authoritv Cj.S. 113-134: 113-292; 113-304; 113-305. 



m LH 19A - DEPAR IMKNT OF 
TRANSPORTAnON 

lyotice is hereby given in accordance with G.S. 
I50B-2I.2 that the Division of Motor Vehicles in- 
tends to amend rnle(s) cited as I9A \CAC 3D 

mo/. 

1 he proposed effective date of this action is .April 
I, 1992. 

1 tistrnctions on how to demand a public hearing: 
The agency will schedule a public hearing on the 
proposed rule if it receti'es a written request for a 
hearing within fifteen days from the date the pro- 
posed text is published. The request for hearing 
should be mailed to: William R. Stout, Motor 
Carrier Safety L'nit, 1100 Sew Bern Avenue, 
Raleigh. \.C.'2^697. 



Re 



i^eason for Proposed Action: WC.G.S. 

20-IS3.2(a) as amended effective June 25. 1991 
provides that the Commissioner of the D'rvision of 
Motor Vehicles may designate the place on a ve- 
hicle where a current approved federal inspection 
certificate must be displayed. This Rule desig- 
nates the location of the certificate. 

v_ omment Procedures: I ( 'ritten comments on 
the proposed rule may be submitted by mailing the 
comments to the following address within thirty 
days after the proposed text is published or until 
a public hearing is held, whichever is longer: 
William R. Stout, Motor Carrier Safety Unit, 
J 100 .\'ew Bern .Avenue, Raleigh, \.C. 27697. 

LLditur's .\ote: This Rule has been filed as a 
temporary- amendment to be effective on February 
1 , 1992 for a period of ISO days to expire on July 
30. 1992. 

CHAF'TFR 3 - DIMSION OF MOTOR 
\KIIICLtS 

SI IKll APTKR Ul - ENFORCEMENT SECTION 

SECTION .0800 - S.VFE lA Rl I.ES .\ND 
REGLL.\TIONS 



.0801 S,\FF,TY OF OPERATION AND 
EQLIPMENT 

(a) The rules and regulations adopted by the 
U.S. Department of Transportation relating to 
safety of operation and equipment (49 CF"R 
Parts 390-398 and amendments thereto) shall 
apply to all for-hire motor carrier vehicles, 
whether common carriers, contract carriers or 
exempt carriers and all private motor carriers, 
while engaged in interstate commerce over the 
highways of the State of North Carolina. 

(b) fhe rules and regulations adopted by the 
U.S. Department of Transportation relating to 
safety of operation and equipment (49 CFR 
Parts 390-398 and amendments thereto) shall 
apply to all for-hire motor carrier vehicles, 
whether common carriers, contract carriers or 
exempt carriers and all pri\ate motor carrier ve- 
hicles engaged in intrastate commerce over the 
highways of the State of North Carolina if such 
vehicles have a GVAVR of greater than 26,000 
pounds; are designed to transport 16 or more 
passengers, including the driver; or transport 
hazardous materials required to be placarded 
pursuant to 49 CFR 170-190. Provided, the 
foUowing exceptions shall also apply to all intra- 
state motor carriers: 

(1) .Aq intrastate motor carrier driver may not 
dri\e more than 12 hours following eight 
consecutive hours off duty; or for any pe- 
riod after having been on duty 16 hours 
following eight consecutive hours off duty; 
or alter having been on dut>' 70 hours in 
seven consecutive days; or more than 80 
hours in eight consecutive days. An 
intrastate driver will be dctcmiined by his 
previous se\en days of operation. 

(2) Persons who otherwise qualify medically 
to operate a commercial motor vehicle 
within the State of North Carolina will be 
exempt from provisions of Part 
391.11(b)(1) and Part 391.41(b)(1) 
through (11) and therefore u ill be au- 
thorized for intrastate operation if licensed 
prior to .March 30, 1992, are approved by 
an F.xemption Re\ie\\ Olficer appointed 
by the Commissioner of Motor \'ehicles 
and meet all other requirements of this 



1545 



6:20 NORTH CAROLINA REGISTER Janitarv 15, 1992 



PROPOSED RULES 



Section. These drivers shall continue to 
be exempt upon completion of a biennial 
medical examination indicating the condi- 
tion has not worsened or no new disqual- 
il\ ing conditions have been diagnosed and 
upon continued approval of an Ex- 
emption Review Officer. 

(c) The rules and regulations adopted by the 
U. S. Department of Transportation relating to 
inspection, repair and maintenance of motor ve- 
hicles (49 CFR Part 396.17 through 396.23 and 
including Appendix G, and amendments thereto) 
shall apply to all for-hire motor carrier vehicles, 
whether common carriers, contract carriers or 
exempt carriers and all private motor carrier ve- 
hicles engaged in intrastate commerce over the 
highways of the State of North Carolina if such 
vehicles have a GVWR of greater than 10,000 
pounds. Provided, any farm vehicle shall be ex- 
empt from the requirements of this Paragraph if; 

(1) It is being operated by a farmer (or a per- 
son under the direct control of the farmer) 
as a private motor carrier of property; 

(2) It is being used to transport either: 

(A) agricultural products, or 

(B) farm machinery, farm supplies, or both, 
to and from a farm; 

(3) It is being operated solely within this State 
and within 150 air-miles of the farmer's 
farm: 

(4) It is not being used in the operation of a 
for-hire motor carrier; and 

(5) It is not earning hazardous materials of a 
type or quantity that requires the vehicle 
to be placarded in accordance with 49 
CFR 177.823. 

(d) E\ers motor \ehicle registered or required 
to be rcdslcred in North Carolina and subject to 
the inspection requirements of the t ederal Motor 
Camcr Safety Regulations (49 CIR Part 396) 
must display a current approxcd federal m- 
spection certificate when operated on the streets 
and highways of this State. On self-propelled 
vehicles the inspection certificate shall be located 
on the outside of the dnver's door exclusive of 
the window or rear \ iew mirror. On trailers and 
semitrailers, the inspection certificate shall be lo- 
cated on the left side as near as possible to the 
outside lower front of the vehicle. I"he in- 
spection certificate shall contain at_ least the fol- 
lowing ic'-nble information: 

(1 ) I he date of inspection; 

(2) Name and address of the motor carrier or 
other entity where the inspection report 
required bv 49 CT R 396.21(a) is mam- 
taincd: 



(3) Information uniquely identifying the ve- 
hicle inspected if not clearly marked on 
the \ehicle; and 

(4) A certification that the \ehicle has passed 
an inspection in accordance with 4^ CFR 
396.17. 

Stalulory Authority G.S. 20-3S4: 20-/83. 2faJ. 

TITLE 21 - LICENSING BOARD 



No 



otice is hereby given in accordance with G.S. 
I50B-2I.2 that the North Carolina Real Estate 
Commission intends to adopt rule(s) cited as 21 
NCAC58A .06/2, .06/3; 5SD .060/ - .0606; 58D 
.070/ and amend nde(sl cited as 2/ NCAC 5SA 
.060/, .06/0, .0902; 5SC .050/; 58D .0202. 



Th 



he proposed effective date of this action is .\fav 
/. /992. 

1 he public hearing will be conducted at / :00 
p.m. on February' /9. /992 at the Office of the 
North Carolina Real Estate Commission. 13/3 
.\avaho Drive, Raleigh, NC 27609. 

IKeason for Proposed Action: To clarify by 
amendment frve previously adopted rules; and to 
set forth procedures by which the Real Estate 
Commission and Appraisal Board will conduct 
Administrath-e Hearings and consider petitions for 
Declaratory Rulings. 

(^ omment Procedures: Comments regarding the 
rules may be made orally or submitted in writing 
at the public hearing. Written comments not 
submitted at the hearing may be delivered to the 
North Carolina Real Estate Commission. Post 
Office Box 17/00, Raleigh, North Carolina 276/9, 
so as to be received by the hearing date. 

CH.APTER 58 - RE.VL EST.ATE COMMISSION 

SCBCH.\nER 58A - REAL ESTATE BROKERS 
AND SALESMEN 

SECTION .0600 - ADMINISTR.VTIVE 
HEARINGS 

.0601 FORM OF COMI'I.AIMS AND 
OTHER PI EADIN(.S 

(a) There shall be no specific form required for 
complaints. 'Fo be sufficient, a complaint shall 
be in writing, identify the respondent hcensee and 
shall reasonably apprise the Commission of the 
facts which form the basis of the complaint. 



6:20 NORTH C.4R0LIi\A REGISTER .huwarv L\ 1992 



1546 



PROPOSED RULES 



(b| When investigating a complaint, the scope 
of the Commission's in\'estigation shall not be 
limited onJy to matters alleged in the complaint. 
In addition, a person making a complaint to the 
Commission may change his complaint by sub- 
mitting the changes to the Commission in writ- 
ing. 

(c) When a complaint is not verified by the 
person making the complaint, the Commission, 
tft rt^ di '. crL'tion. through its legal counsel, may 
consider the complaint on its own motion. 

(d) There shall be no specific forms required for 
answers, motions, or other pleadings relating to 
contested cases before the Commission, except 
the\ shall be in writing. To be sufficient, the 
document must reasonably apprise the Commis- 
sion of the matters it alleges or answers. To be 
considered by the Commission, ever)' answer, 
motion, request or other pleading must be sub- 
mitted to the Commission m writing or made 
during the hearing as a matter of record. 

(e) Hearings in contested cases before the 
Commission shall be conducted according to the 
pro\'isions of Article 3 A of Chapter 150B of the 
General Statutes of North Carolina. 

(f) Persons who make complaints are not par- 
ties to contested cases, but may be uitnesses. 

Siatutcny Authority G.S. 93A-6(a): J50B-3S(h). 

.0610 SI IJPOKN AS 

(aj The L'XL'cutivL* director Executive Director 
of the commi '.'i ion Commission and its Legal 
Counsel shall have the authority to issue 
subpoenas in the name of the Commission. In 
the I ' XL ' culis t * director'^ I-xecuti\'e Director's ab- 
sence, the recording secretap. of the Commission 
shall ha\e the authority to issue subpoenas in the 
name of the Commission. 

(b) The Commission member designated to 
preside o\er a contested case shall also have the 
authority to issue subpoenas relating to that 
contested case. 

fe-^ A i' l ubpoona FRay b^ rc i okod ©ftiy by (+h? 
ir . t i uing olTicer. provided howL'sor. vi i hon the 
Commi '.' uon hrt-r urdtTed » h e anng m i* contf . tijd 
car i O. a ■■ ubpot'iui I '.' jUt ' d r e quiring ih& te ' jtimony 
e+' a ' ■ ' ■ itiK ''.'. t*f t4+e production t4' L ' sidencij m 
connection Vr+4* tW hearing m (4wt ewre may b<? 
revoked only by ih^ member dei . igrialod to pfe- 
&i4t* o\QT t^ hearing. 

Stattiton- Authority G.S. 93A-6(a); l50B-3S(h). 



Chairman of the Commission shall preside, or, 
in his absence, the Vice Chairman shall preside. 
The presiding ofhcer shall rule on motions or 
other requests made in a contested case prior to 
the conduct of the heanng in that case except 
when the ruling on the motion would be dispos- 
itive ot the case. When the ruling on a motion 
or request would he dispositi\e of the case, the 
presiding officer shall make no rulmg and the 
motion or request shall be determined bv a ma- 
jority of the Commission. 

Statutory Authority G.S. 93A-3(c); l50B-40(b). 

.0613 SCOPE 

The pro\isions of this .Section shall apply to 
contested cases heard by the Real Hstate Com- 
mission onh and shall not apply to hearings 
conducted bv the Real b" state Appraiser Board 
pursuant to Article 5 of Chapter 93.-\ of the 
Cieneral Statutes. 

Statutory Authority G.S. 93A-3(c). 

SECTION .0900 - DECLAR.ATORY RL LINGS 

.0902 REQUESTS KOR RLI INGS: 

DISPOSITION OF REQUESTS 

(a) All requests for declaratory rulings shall be 
written and fded with the Commission. The re- 
quest must contain the foUowing mformation: 

(1) the name, address and signature of 
petitioner; 

(2) a concise statement of the manner in 
which petitioner is aggrieved by the rule 
or statute in question, or its potential ap- 
plication to him; 

(3) a statement of the interpretation given the 
statute or rule in question by petitioner; 

(4) a statement of the reasons, including any 
legal authorities, in support of the inter- 
pretation given the statute or rule by 
petitioner. 

(b) The Commission shall either deny the re- 
quest, stating the reasons therefor, or issue a 
declarator." ruling. When, in its discretion, the 
Commission determines that the issuance of a 
declarator)' ruling is undesirable, it may refuse to 
issue such ruling. 

(c) The Commission shall not issue a 
declaratory ruling \\ hen the petitioner or his or 
her request is the >uh]ect of or materiallv related 
to. an in\estigation Kv the Real 1: state Commis- 
sion or contested ease before the Commission. 



.0612 PRESIDING OIFICER 

The Commission ma\ designate anv of its 
members to rireside o\er the heanng in a con- 
tested case. When no designation is made, the 



Statutory Authority G.S. 93A-3ic): 1508-17. 

SLHCII APIER 58C - REAL ES I.VTE AND 
APPRAISAL EDUC.VTION 



1547 



6:20 ,\ORTH CAROLINA REGISTER Junuuiv L\ 1992 



PROPOSED RULES 



SECTION .0500 - APPRAISAL ( ON TINLING 
EDL CATION COLRSES 

.0501 PLRPOSE AND APPLICABILITY 

This Section establishes minimum standards for 
appraisal continuing education courses author- 
ized by G.S. 93A-74(b) and required by Rule 
.0204 of Subchapter 58D. 1 hese standards must 
be satisfied in order for course sponsors to obtain 
and maintain approval of their courses for ap- 
praiser continuing education credit. Except as 
provided in Rule .0502(a) of this Section, any 
school, organization, agency, individual or other 
entity is eligible to become a course sponsor. 
Course sponsors must obtain course approval by 
from the Commission prior to conducting the 
course for continuing education credit and pnor 
to advertising or otherwise representing that a 
course is or may be approved for continuing ed- 
ucation credit in North Carolina. To request 
credit for a continuing education course which 
has not been appro\ed bv the Commission, a 
licensee or certiticate holder must follow the 
procedure set forth m Rule .0204(0 of Subchap- 
ter 58D. 

Statutory Authority G.S. Q3A-75(cl; 93A-77. 

SLBCHAPTER 58D - REAL EST.VTE 
.APPRAISERS 

SECnON .0200 - APPRAISER LICENSING AND 
CERIM ICAIION 

.0202 CHARACTER 

(a) At a meeting of the Commission following 
each real estate appraiser licensing or certification 
examination, the applicants who have passed the 
examination shall be considered for Ucensing or 
certification. When the moral character of an 
applicant is in question, action by the Commis- 
sion wiU be deferred until the apphcant has 
affirmathely demonstrated that he possesses the 
requisite truthfulness, honesty and integrity. 

(b) When the moral character of an applicant 
is in question, the Commission shall notify the 
apphcant and the applicant shall be entitled to 
demonstrate his character and fitness for licensure 
or certification at a heanng before the Commi -. 
sion. Board. 

(c) Notice to the apphcant that his moral 
character is in question shall be in writing, sent 
by certified mail, return receipt requested, to the 
address shown upon the application. The apph- 
cant shall have 60 da\ s from the date of receipt 
of this notice to request a hearing before the 
Commi 'i ^ i iim. BcKird. failure to request a hear- 
ins within this time shall constitute a wai\'cr of 



the applicant's right to a hearing on his applica- 
tion for hcensing or certification, and the apph- 
cation shaU be deemed denied. Nothing in this 
Rule shall be interpreted to prevent an applicant 
from re-applying for licensure or certification. 

Statutory .iuthority G.S. 93A-73(c); 93A-77. 

SECTION .0600 - ADMINISTRATIVE 
HEARINGS 

.0601 SCOPE 

The provisions of this Section shall apply to 
contested cases heard by the Real I'state Ap- 
praiser Board only and shall not apply to 
hearings conducted bv the Real f state Commis- 
sion pursuant to Articles _f 2^^ 2: ^ri'J i ill Chapter 
03A of the Cjeneral Statutes. 



Statutory Authority G.S. 93A-77; l50B-38{h). 

.0602 FORM OF COMPLAINTS AND 
OTHER PLEADINGS 

(a) There shall be no specific form required for 
complamts. To be sufficient, a complaint shall 
be in wnting, identif\ the respondent licensed or 
certified appraiser and shall reasonablN appnse 
the Board of the facts which fomi the basis of the 
complamt. 

(b) When in\estigating a complaint, the scope 
of the investigation shall not be limited to the 
persons or transactions descnbcd or alleged in the 
complaint, l-'ersons making complaints may at 
any time submit additional inlbnnatuni or ma\' 
othenvise amend their complaints. 

(c) When a complaint is not \'enfiei.l bv the 
person making the complaint, the l-Joard may 
consider the complaint on its own motion. 

(d) Persons w ho make complaints are not par- 
ties to contested cases heard bv the Board, but 



ma\ be witne 



in the 



(e) 1 here shall be no specific form required for 
answers, motit)ns or other pleadimzs relatmii to 
contested cases before the Board, except they 
shall be in wnting. To be sufficient . the docu- 
ment must identif\ the case to which it relers and 
reasonabh appnse tlie Board ot the matters \\_ 
alleges, answers, or requests. In lieu o\_ sub- 
mission in writing, motions, requests anel other 
pleadings ma\ he made on the record dunnL! the 
course of the hearing helore the Board_ 

(f) Hearings in contested cases before the Board 



shall be s;o\emed by th 



e pro\ isions o 



f Article 3 A 



of Chapter 150B ot^^ the Cieneral Statutes. 
Staluton Authority G.S. 93A-~7; l50B-38ih). 



.0603 PRESIDING OFFICER 



6:20 NORTH CAROLINA REGISTER .laniuin 15, 1992 



154S 



PROPOSED RULES 



The Appraisal Board may dcsioiate anv of its 
mcmhers to preside o\er the heanng in a con- 
tested case. When no desiimation is made, the 
Chairman of the Board shall preside, or. in his 
absence, the \'ice ("hairman shall preside. The 
presiding ot'ficer shall rule on motions or other 
requests made in a contested case prior to the 
conduct ot the heanng m that case except when 
the ruUng on the motion would he dispositne of 
the case. When the ruling on a motion or re- 
quest would he dispositive of the case, the pre- 
siding officer shall make no ruling and the 
motion or request shall be detennined bv a ma- 
iont\ of the Board. 

Statutory Authority G.S. 93.4-77; l50B-38(h). 

.0604 SLBPOEN,\S 

fa) The Fxecuti\c Director of the Real Fstate 
Commission and the Commission's 1 cgal 
Counsel shall ha\e the authontv to issue 
subpoenas in the name of the Board. In the 
Fxecuti\e Director s absence, the recording sec- 
retan of the Commission shall ha\e the author- 
itv to issue subpoenas in the name of the Board. 

(b) The presiding officer in a contested case 
shall also have the authority to issue subpoenas 
relating to that contested case. 



Siatiitor\- Authority G.S. 93.4- 



l50B-3S(h). 



.0605 FINAL DKCLSIONS 

(a) IT after the conclusion of a hearing m a 
contested case the Board determines to take dis- 
ciplinan" action agamst a licensed or certified ap- 
praiser, the Board shall direct the Real Fstate 
Commission to issue a t'lnal decision and order 
in conformity with the Board s determination. 



issue or deny the license or certificate in con 
formity with the Board s determination. 



Statutory .Authority G.S. 93A-^'': J50B-3S{h!. 

.0606 I'ETI HON TO REOPEN PROCEDING 

(a) .'Vfter a fmal decision has been reached by 
the Board in a contested case, a party may peti- 



tion the Board to reconsider a ca.se. Petitions 
will not be granted except when the petitioner 
can show that the reasons for reconsidenng the 
case are to introduce newly disco\ered e\idence 
which was not presented at the initial hearing 
because of some justifiable, excusable or una- 
voidable circumstance. Lpon the running of the 
30 day penod for seeking judicial re\iew, such 
petitions will ha\c no effect. 

(b) Decisions on petitions to reopen cases are 
within the discretion of the Board. 

fc) 11; i^ a result if its reconsideration of a 
contested case, the Board modifies its original 
decision, it shall notify the Real I:state Commis- 



sion vshich shall modify its action in conformity 
with the Board s ruling. 



Statutory Authority G.S. 93.4-77; l50B-38(h). 
SECTION .0700 - DECL.ARATORV RULINGS 

.0701 REQUESTS FOR RULINGS; 

DISPOSITION OF REQUESTS 

(a) AH requests for declaratory rulings shall be 
wntten and tiled with the Board. The request 
must contam the toIJovsmg mtormation: 



Lli 
(2) 



the name, address and signature of 



petitioner; 
a concise statement 



the manner in 



which petitioner is aggne\ed bv the rule 
or statute in question, or its potential ap- 
plication to lum: 
(3) a statement of the interpretation gi\'en the 
statute or pile in question bv petitioner: 
a statement of the reason^. including anv 



(4| 



legal authorities 



in support ol tne 



rt of the mter- 



statin 



( b ) U the matter in issue in a contested case 
before the Board is the moral character and tit- J-^ 
ness for licensure or certification of any applicant, 
alter the conclusion ot^^ the heanng the Board 
shall determine whether or not the applicant is 
moralh tit and shall direct the Commission to 



pretation gi\en the statute or aile bv 

petitioner. 

I'he Board shaU either deny the request, 

_; the reasons therefor, or issue a declaraton,' 

ruling. When m its discretion, the Board deter- 



mines that the issuance of a declarator\' mling is 
undesirable, it may refuse to issue such ruling. 
— (£] I he Board shall not issue a declaratory 

rulmg when the petitioner or his or her request 
IS the subject of. or matenalh related to. an m- 
vestigation bv the Real tstate Commission or 



contested case before the Board. 



Statutorv Authority G.S. 93.4- 



I50B-4. 



1549 



6:20 NORTH CAROLINA REGISTER Janiiaiv 15. 1992 



RRC OBJECTIONS 



I he Rules Review Commission (RRC) objected to the following rules in accordance with G.S. 
l43B-30.2(c). State agencies are required to respond to RRC as provided in G.S. l43B-30.2(d). 

1 emporar}! Rules are noted by "*". These Rules have already gone into effect. 



ADMIMSTRATrON 



Stale Construction 



/ NCAC30F 
J NCAC 30F 
I NCAC 30F 
I NCAC30F 
I NCAC30F 
/ NCAC30F 
I NCAC 30F 
1 NCAC 30F 
J NCAC30F 



0/0/ 
0/03 
0202 
030/ 
0302 
0303 
0305 
040/ 
0403 



Authority 

Definitions 

Pre- Bid Conferences and Site Reviews 

Definitions 

Overall Job Performance 

/nterim Contractor Evaluation 

Report Compilation 

Post-Occupancy Evaluation 

Appeals of Assigned Eval or Disqual from Bidding 



AGRICLLTIRE 

Plant Industry 

2 NCAC 9M .000/ - Manufacturer Registration 

Agency Revised Rule 
2 NCAC 48 A ./70/ - Definitions 

Agency Revised Rule 
2 NCAC 48 A ./702 - Noxious Weeds 

Agency Revised Rule 
2 NCAC 48 A ./703 - Regulated Areas 

Agency Revised Rule 
2 NCAC 48 A ./704 - Regulated Articles 

Agency Revised Rule 
2 NCAC 48E .0/0/ - Definitions 

Agency Re\ised Rule 

CRLME CONTROL AND PUBLIC SAFETY 

State Highway Patrol 

I4A NCAC 9H .0304 - Notifying Registered Owner 

ECONOMIC AND COMMLNLrV DEVELOPMENT 

Credit I'nion Division 

4 NCAC 6C .03/ / - Surety Bond and /nsurance Coverage 
4 NCAC 6C .0401 - Delinquent /,oans and Eoan /.osses 
4 NCAC 6C .0402 - Charge-Off of Uncollectible /.oans 
4 NCAC6C .0403 - Real Estate Loans 
4 NCAC 6C .130/ - Liquidity Rc^cn'es 

Employment and Training 



RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
RRC Objection 



RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 



101/719/ 
10117191 
101/7 19/ 
/OI17J9I 
101/7,91 
101/7191 
101/7191 
101/7191 
/0l/7\9l 



/0I/7I91 
/OI/7I91 
/Oi/7,9/ 
101/7,9/ 
/Ol/7,91 
/0l/7i9/ 
/0l/7i9/ 
/0I/7I9/ 
/OI/7j9/ 
/0;/7,9/ 
101/7,9/ 
/Oi/7j91 



RRC Objection 121/9191 



//i2/,9/ 
//l2/,9/ 
l/i2/,9/ 
//!2/,9/ 
I/, 2/, 91 



6:20 NORTH CAROLINA REGISTER Jamuiiv 15, 1992 



1550 



RRC OBJECTIONS 



* 4 XCAC 20B .0903 
\o Response from 
\o Response from 

* 4 XCAC 20B .0905 
No Response from 
.\o Response from 

* 4 .\CAC 20B .090" 
\o Response from 
.\o Response from 

* 4 XCAC 20B .0908 
Xo Response from . 
Xo Response from . 

* 4 XCAC 20B .0909 
Xo Response from 
Xo Response from . 

* 4 XCAC 20B .0911 
Xo Response from . 
Xo Response from . 

EDUCATION 



- Allocation of Grants 
.Agency 

.Agency 

- Eligibility 
.Agency 
Agency 

- Cost Limitations. Categories 
.Agency 

Agency 

- Reporting 
Agency 
Agency 

- Performance Standards 
Agency 

Agency 

- Fund .Availability 
.Agency 

Agency 



A RRC Objection 
A RRC Objection 
A RRC Objection 
A RRC Objection 
A RRC Objection 
A RRC Objection 



Elementars" and Secondan." Education 

16 XCAC 6B .0001 - School Bus Dri\-ers 

Agency Revised Rule 
16 XCAC 6D .0/03 - Graduation Requirements 

Xo Response from Agency 
* 16 XCAC 6E .0301 - Driver Training 

Agency Responded 

Agency Revised Rule 

ENMRONMENT, HEALTH, AND NATURAL RESOl RCES 

Adult Health 

15A XCAC 16A .0804 - Financial Eligibility 

Xo Response from .Agency 

Agency Responded 

Xo Response from Agency 
15A XCAC 16A .0806 - Billing the HIV Health Ser\ices Program 

Xo Response from .Agency 

Agency Responded 

Xo Response from .Agency 

Coastal Management 

15A XCAC "J .0301 - Who is Entitled to a Contested Case Hearing 
Xo Response from Agency - Rule Returned to .Agency 

15.A XCAC ~J .0302 - Petition for Contested Case Hearing 
So Response from .Agency • Rule Returned to Agency 

15. A XCAC ~J .0402 - Criteria for Grant or Denial of Permit .Applications 

15A XCAC \M .0201 - Declaration of General Policy 

15A XCAC ^V/ .0202 - Policy Statements 

15A XCAC "_M .0303 - Policy Statements 

15A XCAC ~M .0403 - Policv Statements 



A RRC Objection 
Obj. Removed 
A RRC Objection 

ARRC Objection 
Obj. Removed 



Si 22/91 
9/19,91 
10 17,91 

8i22!91 
9.1 19/91 
10 17^91 
8/22,91 
9/19/91 
10/17:91 
8:22/91 
9/19/91 
10/17,91 
8.22i91 
9/19/91 
10/17/91 
8,22:91 
9 1 19/91 
10/17i9I 



9 19/91 
10.17,91 

9,19.91 
10 17,91 

8 22,91 
9: 19,91 
10.17.91 



ARRC Objection 


1:18/91 




2:25:91 


Xo .Action 


3 21/91 


Xo .Action 


4 18,91 


ARRC Ob/ection 


1 18 91 




2:25:9/ 


Xo .Action 


3/21/91 


Xo .Action 


4:18,91 



ARRC Ob/ection 


9/9,9/ 




/O 17.91 


ARRC Ob/ection 


9 19 91 




10 17 91 


RRC Ob/ection 


10 /^ 91 


RRC Ob/ection 


/O 17 91 


RRC Ob/ection 


10 17.91 


RRC Objection 


10 /7 9/ 


RRC Ob/ection 


/O 17 91 



1551 



6:20 SORTH CAROLINA REGISTER Janiiarv 15, 1992 



RRC OBJECTIONS 



ISA NCAC 7M .090/ - Declaration of General Policy 

Environmental Management 

/5A NCAC 2D .1102 - Applicability 

Agency Revised Rule 
ISA NCAC 2D .1208 - Operator Training Requirements 

.Agency Withdrew Rule 

Forest Resources 

15A NCAC 9C .1007 - America the Beautiful Grant Program 
Agency Revised Rule 

Health: Epidemiology 

ISA NCAC 19 A .0202 - Control Measures - HIV 
ISA NCAC 19 H .0702 - Research Requests 

Sedimentation Control 

ISA NCAC 4 A .0005 - Definitions 

ISA NCAC 4C .0007 - Procedures: Notices 

Wildlife 

ISA NCAC 10 A .1001 - Particular Offenses 
Agency Revised Rule 

HUMAN RESOURCES 

Aging 

10 NCAC 22M .0101 - Scope of Care Management 

Agency Revised Rule 
10 NCAC 22M .0102 - Definitions 

Agency Revised Rule 
10 NCAC 22M .0103 - Target Population 

Agency Revised Rule 
10 NCAC 22M .0203 - Assessment and Reassessment 

Agency Revised Rule 
10 NCAC 22M .0204 - Care Planning 

Agency Revised Rule 
10 NCAC 22N .0101 - Definitions for Confidentiality of Client Data 

Agency Revised Rule 
10 NCAC 22\ .0205 - Security of Records 

Agency Revised Ride 
10 NCAC 22N .0208 - Client Access to Records 

Agency Revised Rule 

Children's Services 

10 NCAC 411 .0304 - Receiving Info: Initiating Prompt Invest of Rpts 
Agency Revised Rule 



RRC Objection 10,17:91 



A RRC Objection 8122191 
No Action 91 1919 1 

Obj. Removed 10,17,91 
ARRC Objection 8122191 
No Action 91 19 19 1 

I Oi 17,91 



ARRC Objection 9119191 
Obj. Removed 91 19 19 1 



RRC Objection 10; 17,91 
RRC Objection 11,21:91 



RRC Objection 12,19.91 
RRC Objection 12,19,91 



ARRC Objection 9;i9'9I 
Obj. Removed 9,19,91 



ARRC Objection 
Obj. Removed 
ARRC Objection 
Obj. Removed 
ARRC Objection 
Obj. Removed 
ARRC Objection 
Obj. Removed 
ARRC Objection 
Obj. Removed 
ARRC Objection 
Obj. Removed 
ARRC Objection 
Obj. Removed 
ARRC Objection 
Obj. Removed 



9119191 
10,17,91 

9119191 
10,17,91 

9 i 19, 9 1 
10,17,91 

9,19191 
10,17,91 

91 1919 1 
10,17,91 

9,19,91 
10,17,91 

9 j 19,91 
10,17,91 

9119,91 
10 17,91 



RRC Objection 10:17 91 
Obj. Removed 10,17,91 



6:20 NORTH CAROLINA REGISTER Jumiary I.\ 1992 



7552 



RRC OBJECTIONS 



ARRC Objection 7:18:91 

8:22:91 

Ob]. Removed !0il7i91 



10 XCAC 411 .0406 - Responsibility for Training of Team .Members 
Pending Correction 
Agency Revised Rule 

Economic Opportunity 

* 10 XCAC 51 F .0102 - Definitions 
.\'o Response from .Agency 
.'igency Responded 

* 10 .XCAC 5 IF .0202 - Ineligible Actnities 
\o Response from Agency 
Agency Responded 

* 10 XCAC 51 F .0402 - Eligibility Requirements 
Xo Response from .Agency 
Agency Responded 

* 10 XCAC 5 IF .0501 - Grant Agreement 
Xo Response from .Agency 
Agency Responded 

Facility Senices 

10 XCAC 3C .1927 - Brain Injury E.xtended Care Phys Services 

Agency Revised Rule 
JO XCAC 3 J .2905 - Personal Hyoiene Items 
10 XCAC 3 J .3202 - Health Screening Form 

Agency Revised Rule 
10 XCAC 3J .3926 - Health Screening Form 

Agency Revised Rule 
10 XCAC 3L .0604 - General Safety Requirements 

Agency Revised Rules 
10 .\CAC 3U .0804 - Infectious and Contagious Diseases 

Agency Revised Rules 

Indi\'idual and Family Support 

10 .\CAC 42H .0908 - Competency Requirements 

Agency Re\ised Rule 
10 .XCAC 42H .0909 - Time Frames for Completing Competency Req. 

.Agency Revised Rule 
10 XCAC 42H .0911 - Selection of Aides 

.Agency Revised Rule 
10 .XCAC 42H .0913 - Quality Assurance Requirements 

Agency Revised Rule 

Medical Assistance 

10 XCAC 26H .0108 - Reimbursement Methods, State-Operated Facilities RRC Objection 10 17 91 

10 XCAC 50B .0305 - Deprixation ARRC Objection 8, 22, 91 

Agency Revised Rule Obj. Removed 8,22:91 

Mental Health: General 



ARRC Objection 
.Xo .A ction 


8 22:91 

9 19 91 
10,17,91 


ARRC Objection 
Xo .Action 


8:22,91 
9:19,91 
10 17:91 


ARRC Objection 
Xo A ction 


8,22.91 
9:19,91 
10 17 91 


ARRC Objection 
Xo .Action 


8:22:91 
919. 91 
10:17,91 


RRC Objection 
Obj. Removed 


101791 
10: 17 91 


RRC Objection 
RRC Objection 
Obj. Removed 


10 17 91 
10 17. 9 1 
10,17,91 


RRC Objection 
Obj. Removed 


10 17:91 
10,17:91 


ARRC Objection 
Obj. Removed 


8:22:91 
9 1991 


ARRC Objection 
Obj. Removed 


8:22 91 
9; 19:91 


RRC Objection 
Obj. Removed 


10 17 91 

10: 17:91 


RRC Objection 
Obj. Removed 


10 17 91 
10 17 91 


RRC Objection 
Obj. Removed 


10 17 91 
10 17 91 


RRC Objection 
Obj. Removed 


10 17 91 
10 17 91 



10 XCAC 14K .0103 - Definition 

.Agency Re\'ised Rule 
10 XCAC 14K .0320 - Incident Reporting 

.Agency Re\-ised Rule 



ARRC Objection 9:19:91 

Obj. Removed 9:1991 

ARRC Objection 9 19 91 

Obj. Removed 9,19 91 



1553 



6:20 NORTH CAROLINA REGISTER January 15, 1992 



RRC OBJECTIONS 



10 NCAC I4K .0337 - Emergency Care Permission 

Agency Revised Rule 
10 NCAC I4K .0351 - Administration of Medication 

.Agency Revised Rule 
10 NCAC 14M .0206 - Day Services 

.Agency Revised Rule 
10 NCAC I4M .0209 - Community Resources 

.Agency Revised Rule 
10 NCAC MM .0409 - Community Resources 

.Agency Revised Rule 
10 NCAC 140 .03/0 - Provision of Appropriate Activities . 

Agency Revised Rule 
10 NCAC I4P .0101 - Scope 

Agency Revised Rule 
JO NCAC 14P .0102 - Definitions 

Agency Revised Rule 
10 NCAC I4Q .0101 - Policy: Rights Restrictions! Interventions 

.Agency Revised Rule 
10 NCAC 14R .0104 - Seclusion! Restraint! Isolation Time Out 

Agency Revised Rule 
10 NCAC I4R .0105 - Protective Devices 

.Agency Revised Rule 
10 NCAC I4S .0/02 ■ Communication Rights 

Agency Responded 
/O NCAC /4S .0/03 - Living Environment 

Agency Responded 

Mental Health: Other Programs 

/O NCAC /SA .0/27 - Certification 

Agency Revised Rule 
10 NCAC /SA .0/28 - Out-of Compliance Finding 

Agency Revised Rule 
10 NCAC /8A .0/35 - Appeals and Waivers 

Agency Revised Rule 
10 NCAC ISL .0603 - Svc Purpose! Eligibility Requirements 

Agency Revised Rule 

10 NCAC /8M .0704 - Staff Requirements 

Agency Revised Rule 
/O NCAC /8Q .0809 - Agreement Between Resident and Program 

.Agency Revised Rule 

INSLRANCE 



A RRC Objection 
Obj. Removed 
A RRC Objection 
Obj. Removed 
A RRC Objection 
Obj. Removed 
A RRC Objection 
Obj. Removed 
A RRC Objection 
Obj. Removed 
A RRC Objection 
Obj. Removed 
A RRC Objection 
Obj. Removed 
A RRC Objection 
Obj. Removed 
A RRC Objection 
Obj. Removed 
A RRC Objection 
Obj. Removed 
A RRC Objection 
Obj. Removed 
A RRC Objection 

A RRC Objection 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
A RRC Objection 
Obj. Removed 
A RRC Objection 
Obj. Removed 
ARRC Objection 
Obj. Removed 



9!/ 9/ 91 
9! 19/9/ 
9!/9/9/ 
9!/9/9/ 
9!/9j9/ 
9!/9l9/ 
9!/ 9 19/ 
9! 19191 
9!/9j9/ 
9!/9l9/ 

9!/9l9/ 
91/9191 
9!/9!9/ 
9!/9!9/ 
9!/9!9/ 
9!/9!9/ 
9/79/9/ 
9!/9!9/ 
9!/9!9/ 
9!/9l9/ 
9/79/9/ 
9!/9!9/ 
9/79/9/ 
70/77/9/ 

9/79/9/ 
/0!17!9/ 



/0i/7!9/ 
/0!/7!9/ 
/0!/7!91 
/0!/7!9/ 
/0!/7!9/ 
10!/7i91 

9!/9j91 
9!/9!9/ 

9!/9i9/ 
9!/9j9/ 
9!19!9/ 
9!/9l9/ 



Life and Health Division 

// NCAC 12 .0507 - Fraternal Orders: Societies and Associations 
11 NCAC 72 .7202 - Definitions 
11 NCAC 72 ./209 - Discrimination 

JUSTICE 



RRC Objection /2!l9i9/ 
RRC Objection /2i/9,9/ 
RRC Objection /2!/9i9/ 



Criminal Information 

12 NCAC 4E .0103 - Advisory Policy Board 



ARRC Objection 9// 9! 9/ 



6:20 NORTH CAROLINA REGISTER January 15, 1992 



1554 



RRC OBJECTIONS 



Agency Revised Rule 
12 NCAC 4E .0104 - Definitions 

Agency Revised Rule 
12 SCAC4E .0106 - Manuals 

Agency Revised Rule 
12 \CAC4E .0203 - Son-Terminal Access 

Agency Revised Rule 
12 SCAC4E .030/ - User Agreement 

Agency Revised Rule 
12 \CAC 4E .0302 - User .Access Eee Agreement 

.Agency Revised Rule 
12 SCAC 4E .0401 - DCI Terminal Operator 

Agency Revised Rule 
12 NC.4C 4E .0403 - Suspension^ Rewcation of Operator Certification 

Agency Revised Rule 
12 SCAC 4E .0203 - Hit Confirmation 

Agency Revised Rule 
12 .\CAC 4F .0301 - Arrest Fingerprint Card 

Agency Revised Rule 
12 SCAC 4F .0404 - Ind's Right Reviev^'His HerCrim History Record 

Agency Revised Rule 
12 SCAC 4F .0405 - L seCCH , Lie! S on-Criminal Justice Emp Purposes 

Agency Revised Rule 
12 SCAC 4F .0501 - Expungements 

.Agency Revised Rule 
12 SCAC 46 .0102 - Penalty Provisions 

.Agency Revised Rule 

12 SCAC 4G .0201 - Sotice of Violation 

Agency Raised Rule 
12 SC.4C 4G .030/ - Informal Hearing Procedure 

.Agency Revised Rule 

LICENSrSG BOARDS AND COMMISSIONS 

Architecture 

2/ SCAC 2 .02// - Unauthorized Practice 

.Agency Revised Rule 
2/ \CAC 2 .060/ - Committee on Investigations 

.Agency Revised Rule 

Certified Public Accountant Examiners 

* 2/ SCACSG .03/3 - Firm Same 
Electrolysis Examiners 

* 2/ .\CAC /9 .0202 - App; Licensure, ; Electrologist Practicing /' / 92 

Practicing Psychologists 

2/ SCAC 54 ./"O/ - Information Required 
Agency Revised Rule 

21 SCAC 54 .2103 - Reinstatement 
.Agency Revised Rule 



Obj. Removed 9/19/91 

A RRC Objection 9/ 19/91 

Obj. Removed 9/19/91 

A RRC Objection 9//9j9/ 

Obj. Removed 91/9/9/ 

A RRC Objection 91/9/9/ 

Obj. Removed 91/9/9/ 

A RRC Objection 91/9/91 

Obj. Removed 9//9191 

A RRC Objection 9/ 19/9/ 

Obj. Removed 91/9/91 

A RRC Objection 9/19/9/ 

Obj. Removed 9i/9i91 

A RRC Objection 9/19/9/ 

Obj. Removed 9i/9j9l 

A RRC Objection 9//9,9/ 

Obj. Removed 9//9i9/ 

A RRC Objection 9//919/ 

Obj. Removed 9//9i91 

ARRC Ob/ection 9,19/9/ 

Obj. Removed 9,/9,9/ 

ARRC Objection 9i/9,9/ 

Obj. Removed 9/19/91 

ARRC Objection 91/9:9/ 

Obj. Removed 9,/ 9, 9/ 

ARRC Objection 9//9;91 

Obj. Removed 91/9/91 

ARRC Objection 91/9/91 

Obj. Removed 9/19/91 

ARRC Objection 9//9/91 

Obj. Removed 9/ 19/91 



RRC Objection /0/7:9/ 
Obj. Removed 10/7,91 
ARRC Objection 9,19/91 
Obj. Removed 9,19,91 



RRC Objection 10/7 9/ 



RRC Objection //2/9/ 



ARRC Objection 8/22,91 

Obj. Removed 9//9i91 

ARRC Ob/ection S; 22/91 

Obj. Removed 9; 19,91 



1555 



6:20 NORTH CAROLINA REGISTER January 15, 1992 



RRC OBJECTIONS 



SI ATE PERSOVSFX 

Office of State Personnel 

25 NCAC IL .0301 - Purpose RRC Objection IliIljQI 



6:20 NORTH CAROLINA REGISTER January 15, 1992 1556 



RULES INVALID A TED BY JUDICIAL DECISION 



Th 



his Section of the Register lists the recent decisions issued by the Sorth Carolina Supreme Court, 
Court of Appeals, Superior Court (when available), and the Office of Administrati\-e Hearings which 
im'dlidate a rule in the North Carolina Administrative Code. 



ISA \CAC 7J .0301 - WHO IS E.\TITLED TO A COXTESTED CASE HEARISG 

Thomas R. West. Administrative Law Judge with the Office of Administrative Hearings, declared Rule 
15A NCAC 07J .0301(b) void as applied in Lucy R. Hanson. Stanley P. and Jean C. Szwed, Petitioners 
V. N.C. Department of Environment, Health, and Natural Resources, Dtiision of Coastal Management, 
Respondent (91 EHR 0551, 91 HHR 0557). 

ISA SCAC 21D .0S02(h)(2) - AVAILABILITY 

Robert Roose\elt Reilly Jr.. Administrative Law Judge with the Office of Administrative Hearings, 
declared Rule 15A NCAC 21 D .0802(b)(2) void as applied m Wilsons Supermarket fill. Petitioner v. 
Department of Environment, Health, and Natural Resources. Respondent (91 EHR 0795). 

ISA .\CAC 21 D .OSOS - DECISION 

Thomas R. West, Administrative Law Judge with the Office of Administrative Hearings, declared Rule 
15A NCAC 21D .0805 void as applied in Glenn E. Davisi Davis Grocery. Petitioner v. N.C. Department 
of Environment. Health, and Natural Resources, Division of Maternal and Child Health. WIC Section, 
Respondent (91 EHR 0694). 



1557 6:20 NORTH CAROLINA REGISTER January L\ 1992 



NORTH CAROLINA ADMINISTRA TIVE CODE CLASSIFICA TION SYSTEM 



The North Carolina Adminislralive Code I'NCAC) has four major subdivisions of rules. Two 
of these, titles and chapters, are mandatory. The major subdivision of the NCA C is the title. 
Each major department in the North Carolina executive branch of government has been as- 
signed a title number. Titles are further broken down into chapters which shall be numerical 
in order. The other two, subchapters and sections are optional subdivisions to be used by 
agencies when appropriate. 

TITLE/MAJOR DIMSIONS OF THE NOR IH CAROLINA AD.MIMS IRATIVE CODE 

HUE DEPARTMENT LICENSING BOARDS CHAPIER 



1 


Administration 


Architecture 


2 


T 


Agriculture 


Auctioneers 


4 


3 


Auditor 


Barber Examiners 


6 


4 


Economic and Community 


Certified Public Accountant Examiners 


8 




De\elopment 


Chiropractic Examiners 


10 


5 


Correction 


General Contractors 


12 


6 


Council of State 


Cosmetic Art Examiners 


14 


7 


Cultural Resources 


Dental Examiners 


16 


8 


Flections 


Electrical Contractors 


18 


9 


Governor 


Electrologists 


19 


10 


Human Resources 


Eoresters 


20 


11 


Insurance 


Geologists 


21 


12 


Justice 


Hearing /\id Dealers and Eitters 


22 


13 


labor 


Landscape .Architects 


26 


14A 


Crime Control and Public Safety 


Landscape Contractors 


28 


15A 


Ensironment, Health, and Natund 


Marital & Eamily Therapy 


31 




Resources 


Medical Examiners 


32 


16 


Public Education 


Midvvifer)- Joint Committee 


33 


17 


Revenue 


Mortuary Science 


34 


18 


Secretar>- of State 


Nursing 


36 


19A 


Transportation 


Nursing Home Administrators 


37 


20 


Treasurer 


Occupational Therapists 


38 


•■21 


Occupational I icensing Boards 


Opticians 


40 


22 


Administrative Procedures 


Optometry 


42 


23 


Community Colleges 


Osteopathic Examination and 


44 


24 


Independent Agencies 


Registration (Repealed) 




25 


State Personnel 


Pharmac) 


46 


26 


Administrative Hearings 


Physical Therapy Examiners 


48 






Plumbing, 1 leating and F-'ire Sprmkler 


50 






Contractors 








Podiatry Examiners 


52 






Practicing Counselors 


53 






Practicing Psychologists 


54 






Professional Engineers and Land Surveyors 


56 






Real I'state Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work 


63 






Speech and I anguage Pathologists and 


64 






Audiologists 








Veterinan^ Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



6:20 NORTH CAROLINA REGISTER January 15, 1992 



I55S 



CUMULA TIVE INDEX 



CLMUl.ATIVE INDEX 

(April 1991 - March 1992) 



1991 - 1992 



Pases 



Issue 



1 - 44 1 - April 

44 - 99 2 - ApnJ 

100 - 185 3 - May 

186 - 226 4 - Mav 

227 - 246 5 - June 

247 - 325 6 - June 

326 - 373 7 - July 

374 - 463 8 - July 

464 - 515 9 - August 

516 - 677 10 - Aueust 

678 - 721 11- September 

722 - 783 12 - September 

784 - 923 13 - September 

924 - 980 14 - October 

981 - 1107 15 - November 

1108 - 1275 16 - November 

1276 - 1300 17 - December 

1301 - 1423 18 - December 

1424 - 1503 19 - January 

1504 - 1562 20 - January 



A() - Administratu e Order 

AG - Attorney Generals Opinions 

C - Correction 

FR - Final Rule 

GS - General Statute 

JO - Judicial Orders or Decision 

M - MisceUaneous 

NP - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

TR - Temporan- Rule 



ADMIMSTRATION 

State Construction. 465 PR 

State Employees Combined Campaign, 924 PR 

ADMIMSTRAXn E HEARINGS 

Heanngs Division, 310 PR 
Rules Division, 665 PR 

ADMIMS IRA ir\E ORDER 

AdiTumstrative Order. 926 AO 



1559 



6:20 NORTH CAROLINA REGISTER January 15, 1992 



CUMULA TIVE INDEX 



AGRICULTURE 

Food and Drue Protection Division, 576 PR, 725 PR, 1303 PR 

Markets, 576 PR 

North Carolina State Fair, 576 PR 

Pesticide Board, 725 PR 

Plant Industry-, 102 PR. 469 PR, 576 PR 

CORRECTION 

Division of Pnsons, 35 FR, 87 FR, 209 FR, 700 FR, 938 FR 

CRIME CONTROL AND PUBLIC SAFETY 

State Highway Patrol, Division of, 809 PR 

CULTURAL RESOURCES 

/Vrchives and Historv, 932 PR 
State Librarv , 686 PR 

ECONOMIC AND COMMUMI V DE\ ELOPMENT 

Alcoholic Beverage Control Commission, 4 PR 

Banking Commission, 1424 PR 

Community Assistance, 104 F'R 

Credit Umon Division, 231 PR. 683 PR, 1108 PR 

Employment and Training, 590 PR 

Savings Institutions Division, 984 PR 

ENA IRONMENT, HEALTH, AND N.ATURAL RESOURCES 

Coastal .Management, 299 PR, 1139 PR 
Departmental Rules, 1513 PR 

Environmental Management, 197 PR, 271 PR. 447 PR, 1061 PR. 1315 PR, 1520 PR 
Forest Resources, 300 PR 

GoNcmor's Waste Management Board, 1277 PR 
Health: Epidemiologv. 28 PR, 341 PR, 735 PR, 1279 PR 
Health Services, 9 PR. 327 PR, 727 PR, 815 PR, 1452 PR 
Land Resources, 494 PR, 810 PR 
Marine Fisheries, 122 PR. 690 PR 
Parks and Recreation. 693 PR 
Radiation Protection. 1367 PR 
State Registrar. 734 PR 
Water Treatment Facility Operators. 495 PR 

Wildlife Resources Commission, 84 PR, 170 PR. 198 PR. 301 PR, 647 PR, 692 PR, 1062 PR. 
1323 PR. 1542 PR 

ELSAL DECISION LETIERS 

Voting Rights Act, 48. 230. 248, 326, 464, 516, 681, 722, 806, 927, 1301, 1505 

GENERAL STATUTES 

Chapter 150B. 784 GS 

GO\ ERNOR/LT. GOVERNOR 

Executive Orders, 1, 45, 100. 186, 227. 247, 374. 678, 804, 924, 981. 1276. 1504 

HU.MAN RESOURCES 

Aging. Division of. 72 PR, 422 PR 

Blind", Ser\ ices for, 686 PR 

Departmental Rules, 1114 PR 

Economic Opportunitv. 604 PR. 689 PR 

Facilitv Semces, 104 PR. 471 PR, 592 PR, 1035 PR, 1443 PR 

Medical Assistance, 9 PR. 112 PR. 188 PR, 232 PR, 250 PR, 430 PR. 492 PR. 601 PR, 688 PR, 



6:20 NORTH CAROLINA REGISTER January 15, 1992 1560 



CUMULA TIVE INDEX 



726 PR, 807 PR, 932 PR, 1036 PR, 1277 PR, 1452 PR 
Mental Health, Developmental Disabilities and Substance Abuse Services, 5 PR, 49 PR, 375 PR, 

449 FR. 1446 PR 
Social Senices, 116 PR, 1039 PR 

INDI:PI:NDKM AGENCIES 

Housing Finance Agency, 1484 PR 

Safety and Health Review Board of North Carolina, 1069 PR 

INSl RANGE 

Actuanal Ser\ices Division, 119 PR. 1060 PR 
Aaent Ser\ices Division, 1056 PR, 1303 PR 
Financial Evaluation Division, 933 PR, 1308 PR 
Life and Health Division, 430 PR, 1114 PR 
Property and Casualty Division, 1509 PR 
Special Services Division, 84 PR 

JISTICE 

Criminal Justice Education and Training Standards, 607 PR 
Private Protective Sen,-ices, 121 PR 
Shenffs' Standards Division, 618 PR 
State Bureau of Investigation, 250 PR 

LABOR 

Boiler and Pressure Vessel, 1310 PR 

Occupational Safety and Health, 1138 PR, 1309 PR 

LICENSING BOARDS 

Architecture, Board of, 30 PR, 232 PR 

Certified Public Accountant Examiners, 201 PR, 935 PR, 1141 PR 

Cosmetic Art Examiners, 653 PR, 1066 PR 

Electrohsis Examiners, Board of, 737 PR 

Gcoloasts, Board of, 654 PR 

Heanng Aid Dealers and Fitters, 496 PR. 655 PR 

I andscape Contractors' Redstration Board, 665 PR 

Medical F:xammers, Board of, 304 PR, 363 PR, 935 PR 

Nursing, Board of, 305 PR 

Optometry Board of Examiners, 1068 PR 

Pharmacy. Board of, 201 PR. 1480 PR 

Physical Therapy Examiners. Board of. 33 PR. 363 PR 

Practicing Psychologists Examiners, 203 PR 

Professional F-nsanecrs and I and Surveyors, 497 PR 

Red Estate Commission, 171 PR, 500 PR, 1546 PR 

LIST OE Rl LES CODIFIED 

List of Rules Codified, 89, 215, 314, 451. 504, 711, 907, 1087, 1281, 1487 

PUBLIC EDUCATION 

Elementary and Secondar>-, 29 PR, 199 PR. 303 PR, 694 PR. 1 140 PR 

REVENUE 

Corporate Income and Franchise Tax Di\'ision. 816 FR 

Departmental Rules. 968 FR 

Individual Income, Inheritance and Gift Tax Division, 739 FR 

Indi\idual Income Tax Division. 234 FR, 747 FR 

Intandbles Tax Division. 766 FR. 969 FR 

License and Excise Tax Di\ision. 740 FR, 969 FR 

Motor Fuels Tax Dnision. 768 ER 

PropertN' Tax Commission, 210 FR 



1561 6:20 NORTH CAROLINA REGISTER Januayy 15, 1992 



CUMULA TIVE INDEX 



Sales and Use Tax, 817 FR 

SECRETARY OF SFAFE 

Securities Disision, 85 PR 

STA FE PERSONNEL 

Otfice or State Personnel, 696 PR, 1082 PR, 1485 PR 
State Personnel Commission, 172 PR, 364 PR 

SFATE TREASF RER 

Retirement Systems, 736 PR 

STAFE>IENTS OF ORGAMZA FION 

Statements of Organization, 518 SO 

TRANSPORTATION 

Assistant Secretar>' F'or Management, 1254 FR 

Assistant Secretary' For Planning, 1259 FR 

Departmental Rules, 1142 FR 

Division of Hiahways, 1 146 FR 

Division of Motor Vehicles, 213 FR, 502 FR, 701 FR, 773 FR, 1229 FR, 1545 PR 



6:20 NORTH CAROLINA REGISTER January 15, 1992 1562 



NORTH CAROLINA ADMINISTRATIVE CODE 

The full publication consists of 53 volumes, totaling in excess of 15,000 pages. It is supplemented monthly 
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